Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Zsazsa's Mum V MBNA - MCOL Help Please

    Hi all,

    Just a quickie! I used Vampiress's spread sheets for the Schedule of charges & a contractual interesticon rate, as mentioned by loads on here of 24.9%. When I file my MCOL can I add a further 8% daily interest on or do I stick to claiming the contractual interest rate of 24.9% please?

    I've successfully claimed from Halifaxicon & HSBCicon but this credit card thing is slightly different & I'd be really really grateful if anyone could help so I don't cock it up at this point - my MCOL was due to be filed last week but my computer went belly up so I need to get it rolling again!

    Thanks Peeps & a continued BIG UP to you all!

    Zsazsa

    Similar Threads:
    HSBC S.A.R - (Subject Access Request) 24.08.06
    HSBC WON £3608.05 inc court costs DONATION MADE


    Halifax S.A.R - (Subject Access Request) 24.08.06
    Halifax WON £1909.39 inc court costs DONATION MADE

  2. #2
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    Quote Originally Posted by zsazsa View Post
    Hi all,

    Just a quickie! I used Vampiress's spread sheets for the Schedule of charges & a contractual interesticon rate, as mentioned by loads on here of 24.9%. When I file my MCOL can I add a further 8% daily interest on or do I stick to claiming the contractual interest rate of 24.9% please?

    I've successfully claimed from Halifaxicon & HSBCicon but this credit card thing is slightly different & I'd be really really grateful if anyone could help so I don't cock it up at this point - my MCOL was due to be filed last week but my computer went belly up so I need to get it rolling again!

    Thanks Peeps & a continued BIG UP to you all!

    Zsazsa
    Hi there! Great name! I am bumping this because somebody else has asked this question but I can't find the thread! I can't remember what the answer was either. Sorry, how useful is that? NOT! I thought that you could claim either contractual or 8% but I am sure I read somewhere that you can add contractual to your claim and then 8% at MCOL stage. Some courts, I know, are not awarding contractual and will just let you have the 8% and I think that there is a section for this on your MCOL forms.

    However, I am interested as to how you got to MCOL stage with MBNAicon? They are rolling very quickly and are desperate to keep out of court. Many many others have had phone settlements. Perhaps you could say what has happened, we might be able to help you avoid MCOL.

    CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

    I AM NOT SCARED ANYMORE!

    MBNA - To quote "The Carpenters", We've Only Just Begun..................
    HSBC - Settled.
    Capital One - S.A.R - (Subject Access Request) issued.
    Goldfish - S.A.R - (Subject Access Request) issued.
    Tesco - SAR issued.

  3. #3
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    Hi Cornucopia

    Thanks for that, I've been reading the MBNA threads & have noticed on a couple that they seem to have used the spreadsheets to calculate contractual interest, then at MCOL stage they've added the 8% as well. I just wanted to know if this was possible & correct, rather than blowing the claim out of the water with a big gaff!

    The story so far on this is - SARicon sent, statements received free with the fee refunded, although not complete & a letter telling me they hadn't treated it as an data request. So I sent off the SARicon again with the extra info they said they needed & proof it was me (mum) requesting it. In the meantime as the statements I'd received were almost complete I got on the spreadsheet & as time ticked eventually sent prelim off. The total claim is around 3k with contractual interest. (Haven't got stuff to hand to give exact amounts, or a working pound sign!)
    Very quickly had a reply denying everything in the standard we're right you're wrong letter, but also offering me a goodwill payment of 820.00 I sent the template refusal off saying I'd continue to reclaim all charges in full. Sent lbaicon off when the date came around, then again received another we're right you're wrong letter & as you don't seem to have grasped tis we'll send another goodwill payment of a further 886.00 but that's your lot, please go away! I said thank you if you really must, but can only accept as partial settlement & please be aware am coming after you for the rest as per my last letter.

    My mum hasn't had any telephone callsicon or any other mail from MBNA like some others have had.

    MCOL time arrives & as I said my computer went belly up so it's been over a week since I should have filed that. Just need to get the interest thing nailed before I do

    The MCOL thing doesn't scare me at all, nor the thought of going to court, I've been successful with claims against HSBCicon & Halifax & am happy to do the rest!

    If anyone could clarify on the interest thing that'd be great though -

    Many thanks, this site is brilliant & the level of support from everyone, & help is amazing.

    Thank you,

    Zsazsa

    Nikname given at uni - something to do with lips I think!! LOL

    HSBC S.A.R - (Subject Access Request) 24.08.06
    HSBC WON £3608.05 inc court costs DONATION MADE


    Halifax S.A.R - (Subject Access Request) 24.08.06
    Halifax WON £1909.39 inc court costs DONATION MADE

  4. #4
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    Quote Originally Posted by zsazsa View Post
    Hi Cornucopia

    Thanks for that, I've been reading the MBNA threads & have noticed on a couple that they seem to have used the spreadsheets to calculate contractual interest, then at MCOL stage they've added the 8% as well. I just wanted to know if this was possible & correct, rather than blowing the claim out of the water with a big gaff!

    The story so far on this is - SARicon sent, statements received free with the fee refunded, although not complete & a letter telling me they hadn't treated it as an data request. So I sent off the SARicon again with the extra info they said they needed & proof it was me (mum) requesting it. In the meantime as the statements I'd received were almost complete I got on the spreadsheet & as time ticked eventually sent prelim off. The total claim is around 3k with contractual interest. (Haven't got stuff to hand to give exact amounts, or a working pound sign!)
    Very quickly had a reply denying everything in the standard we're right you're wrong letter, but also offering me a goodwill payment of 820.00 I sent the template refusal off saying I'd continue to reclaim all charges in full. Sent lbaicon off when the date came around, then again received another we're right you're wrong letter & as you don't seem to have grasped tis we'll send another goodwill payment of a further 886.00 but that's your lot, please go away! I said thank you if you really must, but can only accept as partial settlement & please be aware am coming after you for the rest as per my last letter.

    My mum hasn't had any telephone callsicon or any other mail from MBNA like some others have had.

    MCOL time arrives & as I said my computer went belly up so it's been over a week since I should have filed that. Just need to get the interest thing nailed before I do

    The MCOL thing doesn't scare me at all, nor the thought of going to court, I've been successful with claims against HSBCicon & Halifax & am happy to do the rest!

    If anyone could clarify on the interest thing that'd be great though -

    Many thanks, this site is brilliant & the level of support from everyone, & help is amazing.

    Thank you,

    Zsazsa

    Nikname given at uni - something to do with lips I think!! LOL

    Morning ZsaZsa,

    I would give MBNA a ring and give them the opportunity to settle on the phone, tell them that you are doing this or you are straight off the file at CC. It must just be enough............

    I am going to ask Ladybird about the interest thingy, I am sure she will know

    CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

    I AM NOT SCARED ANYMORE!

    MBNA - To quote "The Carpenters", We've Only Just Begun..................
    HSBC - Settled.
    Capital One - S.A.R - (Subject Access Request) issued.
    Goldfish - S.A.R - (Subject Access Request) issued.
    Tesco - SAR issued.

  5. #5
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    You can't claim contractual and s69 8% (s69 interesticon is for when there is no interest rate mentioned in the contract). However what most peolple do is argue for s69 in the alternative, in case the judge disallows contractual.

    For that reason it's best if you claim using N1 where you have ample POCicon space. You will never fit it all in on MCOL


  6. #6
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    hi - STATUTORY interesticon is what the court is at liberty to award you if you don't claim or win CONTRACTUAL. So at the court stage, you can submit contactual, but use statutory as an alternative, in case you're not awarded the contractual.............. .oh I see someone has jumped in before me so I won't continue with the rest!!


  7. #7
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    Quote Originally Posted by ladybird17 View Post
    hi - STATUTORY interesticon is what the court is at liberty to award you if you don't claim or win CONTRACTUAL. So at the court stage, you can submit contactual, but use statutory as an alternative, in case you're not awarded the contractual.............. .oh I see someone has jumped in before me so I won't continue with the rest!!
    Thanks for that Bird, I knew you'd know.....too much faith! I doubt it!!

    CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

    I AM NOT SCARED ANYMORE!

    MBNA - To quote "The Carpenters", We've Only Just Begun..................
    HSBC - Settled.
    Capital One - S.A.R - (Subject Access Request) issued.
    Goldfish - S.A.R - (Subject Access Request) issued.
    Tesco - SAR issued.

  8. #8
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    gee, thanks Corn - you're making me blush


  9. #9
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    Default Re: Zsazsa's Mum V MBNA - MCOL Help Please

    Hi I am nearly at the same stage as you. I have 3 days to await a response fro the MBNAicon. But the dirty rascals have not re issued my card at expiry.

    Not really that bothered but it doesnt sound like they want my account anymore and are just keen to see me pay off what i owe. At least i hope this is the case.



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