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can someone confirm that all is correct before MCOL is put in,
I claimed for £900.00'ish (Prelim & lba)
I claimed 8% contractual interest (Prelim & LBA)
Total £1150'ish
(using spreadsheet with contractual interest)
MCOL, I now claim for £1150'ish + S69 INTEREST @ 8% + Court Costs + DPA Fee.
Hi, Not sure what S69 interest is, but when I claimed off A + L I added the charges, then the interest plus the MCOL fee and the SAR fee. My charges came to £4979, interest £1160, and MCOL fee £250. Hope this helps.
A+L S.A.R - (Subject Access Request) sent 28th July. Statements rec'd 01 Sept. Letter requesting repayment of £4,979 sent 18/09 MCOL sent 15th Nov £6389.57. Cheque received £6425.54 4th Dec.
MBNA S.A.R - (Subject Access Request) sent 28th July, promised reply by 28th August. Cheque rec'd £250 31 Aug. . 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
CCA sent 1st Credit 11th August, reply 15th Aug
Request for repayment Rooftop Mortgages for £1095, reply saying no on 17th Aug.
Still to come: Cap. One, Time retail, HFC Bank.
Did you claim for interest before the MCOL, I'm sure I'm allowed to claim interest at what the banks would get (8%) and then the S69 interest (also 8%) is added at MCOL Stage.
Not 100% if I'm right, although I do think so??
No you cant. You dont add on any interest until you issue your MCOL. Only then can you add on 8% under the terms of the county courts act.(s69)
If your charges are £900.00 say, including all your failed d/ds etc and SAR fees, then that is your claim. When you issue the mcol you add on 8% to your claim total. there is a separate box for reclaiming the mcol costs.
Think thats right. thats how i did it with A & L and they paid up in full with all costs and interest.
A & L SETTLED IN FULL
Spml Reluctantly withdrawn
Blackarse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED
Getting confused Martin, will have to recheck.
Using the spreadsheet with contractual interest (which I put at 8%) I believed this had to be claimed in prelim and lba?
There is a big post on general about contractual interest - I didnt claim it cos I got all confuddled but im pretty sure you do have to include it in prelim & lba its only statutory that you add on at MCOL stage as far as im aware!
s69 interest is part of the county cort act so how can it be added before you file a court claim?
What you have done here is added 8% interest and then added it again when you issue your mcol.
i know that the spreadsheet shows the 8%, but thats only there to help you calculate it upon issuing proceedings.
There is much to be learnt by reading other peoples threads and FAQs.
A & L SETTLED IN FULL
Spml Reluctantly withdrawn
Blackarse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED
Must say that I sent a prelim and a lba without the interest, then re-sent a LBA with contractual interest with somebody's advice (can't remember who ?)
I'm hope it will be OK, I only got the usual crass response anyway
Received letter from Wragge&Co (solicitors acting for A&L) acknowledging service and the intention to defend.
One day late with acknowledgement.......... do they take the P*SS or what!!
Question: Can I apply for wasted costs prior to the court hearing date or at the very least add to my claim or inform courts/A&L of my intention?
something along the lines of
Dear Judge,
as per previous cases (attached) it is deemed that the defendant has no intention of attending any set hearing date or offering a defence at such a hearing, as such I would like it to be known that an order for wasted costs be added (attached) if such were to occur'
Does this mean you just sit and wait and then send letters as per thread?
Was wondering if INTENTION TO CLAIM FOR WASTED COSTS can be added to the 'nudge' letter??
received allocation questionnaire, having printed off the 'G - other information and draft order' to attach to N149, I have a question,
where it says to send a copy of the aq to the defendant, is this the whole AQ or just the 'G - other information and draft order' that needs to be sent to the defendant solicitors.
Handed in AQ to Blackpool CC - 4TH JUNE CUT OFF DATE.
Received AQ from Wraggy this morning........apparently they are sending 1 witness........also, is it common for them to send you the actual AQ (NOT a copy!!) I thought this went to the courts
another question...having sent the draft directions, do I wait for the judge to make the order or send WRAGGY/COURTS the required documents like NOW?
Patience (not) -v- A & L
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Re: Patience (not) -v- A & L
. 2nd letter sent 7 sept for rest of charges to be returned. £243 rec'd 28th Oct
