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(I have just re-registered under a different name to protect my claim number printed elsewhere on this site.)
I have just noticed an error on my MCOL claim.
For some reason I made an honest mistake and added up some figures wrong, and claimed for an amount substantially higher than I can now justify (nearly £600 higher).
My correct figure is above the £5000 Small Claims limit (as is the wrong one obviously) and was correctly quoted previously in correspondence with the bank, however in adding on the interest for the MCOL the extra got added.
There is a cost of £35.00 not reclaimable but it should sort out your issue.
Regards
BB
Any advice offered is my own opinion and if in doubt I would always recommend getting a second opinion.
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Any advise offered is my own opinion, and if in doubt, always seek clarification.
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Thats great, thanks so much. A very useful form indeed! £35 I dont mind spending at all!
Whilst im about changing the figure at all, Im thinking of dropping the claimed charges total to within the small claims track threshhold £5000 - do I add the previous interest to that lower figure, or does the interest have to be recalculated to take into account the drop in claimed charges?
I think you will have to recalculate the interest for the new amount as you would't be able to claim interest on the portion you are not claiming (if that makes sence, early in the morning!!)
BB
Any advise offered is my own opinion, and if in doubt, always seek clarification.
If you found it helpful or useful please click the scales on the left
Any advise offered is my own opinion, and if in doubt, always seek clarification.
[
mistake maker - whats the actual figure you are claiming ?
Theres no guarantee it will stay in small claims if you reduce it to under £5000, although the 8% interest shouldnt really be taken into account for allocation of track. And really there is no problem with claiming through fast track - the banks are more scared of this than you should be.
Complete the amendment form, its usually best to write to the bank first to request their permission to amend the claim - then it will cost £35 (non-refundable) and you shouldnt have to go through an amendment hearing or any hassle.
Which bank are you claiming against and I'll move your thread to the relevant forum.
Originally Posted by mistakemaker
Hi Karnevil and bb,
Thanks alot for your replies.
Last night I went back through my whole file. Unfortunately my situation seems worse than I thought (I dont think i found this site in time.).
Basically from the first letter I sent my bank I miscalculated the total of two accounts Im claiming for. This means that on all correspondence to date I have been asking for a figure thats too high and I cant justify. I used the standard letters etc. (from another site but similar to yours) but the figures are plainly wrong, which is how the MCOL figure ended up being wrong.
Are these my options?;
To write to the bank to withdraw my claim (and start again?), or
To adjust the figure now and hope for the best (Im worried they will be able to argue I havent given them proper chance to settle out of court, esp. as its likely out of small claims track)?
You have files MCOL, have you received the aq as yet.
It would swwm a shame to rip your claim up and start again so if there is any way to recover the situation I would look to do this. Post these questions on you bank forum thread first off.
If you have accurate figures now I would write to the bank, explain the confusion and detail the correct amounts you are claiming for.
Also use the N244 to ammend the claim at the courts and that should sort things.
Keeping the bank informed will highlight your integrity and show your willingness to maintain a meaningfull dialogue.
Hope it helps.
BB
Any advise offered is my own opinion, and if in doubt, always seek clarification.
If you found it helpful or useful please click the scales on the left
Any advise offered is my own opinion, and if in doubt, always seek clarification.
[
Thanks for all the advice.
When its sorted I will update my thread on the bank thread concerned so others can share your advice , but for the moment I feel more confident keeping which case it is private.
I have decided to do the following steps;
1- Admit my calculation error to the bank and the courts in a letter.
2- Submit a N244 to get the figure in my Particulars of Claim changed.
3 -Re-supply all my figures and calculations to the bank and the courts.
4- Tick the 'allow stay of one month' box on the Allocation Questionaire to show goodwill to the bank in giving them time to do whatever they need to with the change.
5 - Stay with the higher figure over £5000 as it will probably not go Small Claims now anyway. But ill argue for it to all the same.
Im hoping this sounds OK.
Does anyone know where I can get some relevent info on filling the N244 in correctly in this case? I cant work out what to put where.
Your proposed steps seem sensible and fair, and as quoted before, it doesn't seem to matter which track you are in, the banks dont want to go to court.
MCOL mistake made - advice sought.
for the MCOL the extra got added.
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Originally Posted by mistakemaker
