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Hi fellow claimers My first post here ... looking for a little advice and reassurance.
I've been through the letters stage, got all the standard replies and have just started court proceedings online.
My first concern is that, initially, the spread sheet of charges sent to the bank excluded any interest calculations (as per the step-by-step instructions on this site). WhenI submitted the claim online, I did not attach the interest charges, but just put the interest figure in the particulars so, to date, neither the court nor the bank have a spread sheet detailing these (though I have since prepared one to include all the details). My question is ... should I wait to hear from the court/bank before submitting this?
Secondly, I included all monthly OD charges in my calculations ... have others done this also? Is this correct? I'm claiming for 6 years' worth of charges and an overdraft facility was arranged approx. 4 years ago. These monthly charges make up a large amount of the claim, but are A&L likely to contest these and use this to delay matters do you think?
These two points are really worrying me and I'd be grateful for any advice.
Many thanks for the reply. I did include the interest total when submitting MCOL, but did not include the spreadsheet with the charges included.
I've today had a cheque from A&L, which is nowhere near what I'm claiming for, so am returning it. Now is perhaps a good time to include the spreadsheet to include the interest, so that at least the bank have it.
Just wondering about hearing from the court ... I imagine at some stage I'll get an aq or something to complete, at which time might it be appropriate to send them the interest schedule then, or should I send it now do you think?
Having received the "standard" replies to the two letters, I started proceedings with MCOL on 10/4 to claim over £3k (on behalf of a relative). They sent a cheque for a quarter of this amount and a letter's gone off to them today rejecting it, returning the cheque and also sending them a list of interest charges she's now also claiming for (which I also emailed to the court after speaking to them).
They have just acknowledged and all the bumph arrived with my sister this morning. Fully expect them to defend now they've had their "thanks, but no thanks" letter.
I'm a little nervous about the charges list as I've included all the monthly OD charges ... a long story and I've no idea if these were within her overdraft limit, but I've read a couple of success stories where they've been claimed and A&L have paid up, so fingers tightly crossed. Anyone know what's likely to happen if they dispute these charges
Anyway, for now I guess it's a waiting game to see if they decide to defend or not (fully expecting them to).
Yes, I'm doing the leg-work for a relative. Not sure what to do (if anything) about these £5 monthly OD charges which I've included on my schedule and submitted to MCOL and the bank. Any idea what will happen if I just leave things as they are? Any help appreciated ... I'm worried!
I inadvertently included some OD monthly charges of £5 in my interest schedule which has gone to MOL and the bank (though I gather the £10 and £25 are OK to claim back). These "extra" £5 charges make up about 4% of my claim. The bank have just acknowledged and I'm now really worried the case will be struck off, knowing how awkward A&L can be.
Anyone have any idea what might happen if I sit tight and wait? I'm a bit loathe to start altering things as it could prove to be pretty messy as I'm claiming for someone else.
You might still be able to do an amendment, I had to do one (I was claiming too little!) and it only costs £35 - which I suppose you might be better off paying in the long run compared to getting nothing.
Speak to the MCOL helpline. they are really helpful and should be able to give you guidance
Many thanks for the reply. I've spoken to the court and they're not supposed to give you any advice on these matters, but still think I'm more inclined to see what happens. The amendment process looks so complicated and the bank have already acknowledged ... I'll have a think.
Yes, I'm doing the leg-work for a relative. Not sure what to do (if anything) about these £5 monthly OD charges which I've included on my schedule and submitted to MCOL and the bank. Any idea what will happen if I just leave things as they are? Any help appreciated ... I'm worried!
Only MHO, MJ, but I'd let it play out and see what happens.
If worst came to worst and it ended up in the courtroom (unlikely from past experiences shown on the forum), then they could go through your schedule charge by charge and have the 'dodgy' ones removed by the judge but you'd still be entitled to the rest as legitimate claims.
If I'm incorrect in thinking this, I'm sure someone will put me right! 8-)
I'm already going through my sister's defence in my head : the bank had a list of charges and didn't identify these as being unclaimable, just stated ALL are unclaimable, which we know is incorrect, etc., etc.
Wondering how the bank are going to play this one ... should be interesting (if pretty frightening ). I'll keep you posted.
I've had my MCOL claim acknowledged and the bank now have 'til 15/5 to state if they want to defend my claim. My problem is that I'm away for a few days around this time without access to a computer so, if A&L decide not to defend, I'll not be able to click on the "request judgement" button. I'm sure they will decide to but, if they don't, will it make any difference that I'm not around?
I keep reading about people staying up 'til after midnight to request judgement, but surely this won't make any difference ... either the bank decide to defend or not, or do they have some leeway after the deadline date If this is the case, I'll have to speak nicely to a reliable friend/relative
MJ versus A&L ***WON***
My first post here ... looking for a little advice and reassurance.
' worth of charges and an overdraft
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Originally Posted by mochamoo
Anyone know what's likely to happen if they dispute these charges
, etc., etc.
