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Hi there, not quite in the position of going to court but have received an Order from the court requesting me to file and serve full particulars of the claim, I had been advised that the initial claim wasn't sufficient, so have re-done claim form. Do I need to do a summary or anything else to pass to the court by the date stated???
Also I haven't claimed for the charge for an overdraft that has not been authorised........can I still claim this as it is £220.00??? and how do I go about doing that???
I know it's late, but thought I'd have had a reply by now......soz if I seem a little pushy but I'm really in need of some advise.........CAN ANYONE HELP????
I first sent request for statements and a letter requesting all monies to be returned back in Feb, a reply came back within 18 days advising that because I wasn't asking for more that 2 years worth of statements, they had returned my £10 cheque as it wasn't necessary to charge me for the statements.....how very decent of them!!!!
I then sent the 2nd letter requesting that all monies owed due to charges be received within the 14 day response time.
I received a letter from Abbey saying they were sorry that I was unhappy with the service and that they had included a complaints procedure leaflet with the letter but would investigate and sometimes this can take time!!!
I followed this with the 3rd letter which advised that if I didn't receive the sais amount as settlement of my claim in 7 days, I would start Court Proceedings.
7 days passed and no response, so went on line to moneyclaim and started proceedings.
Notice of Issue and Acknowledgement then arrived.
I then received a Defence from Abbey saying basically:
That they admitted that I held an account, can apply for an overdraft on my account etc,
claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of seperate occasions etc,
Defendent denies that the amount or any other amount was unlawfully debited from the account and that the claimant's claim for the repayment of that amount is therefore denied and denies that the claimant is entitled to claim interest of any amount etc,
the claimants contention that the fees are unenforceable and/or are 'penalty charges' is denied etc,
Further, or in the alternative, even if the said fees are not proportionate to the Defendant's admin expenses incurred (which denied) the claimant remains liable to pay such fees etc,
no admissions are made to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.
and the nsigned by the now well know Mr Willem Basson.
I then received the Notice of Transfer of Proceedings from Northants CC including another copy of the defence.
I have now received an Order to file and serve full particulars of the claim stating account details etc by 8th June
I have re-done the Claim form (copied 3 times) do I need to do a summary or anything else to send in with the statements etc???
Hi Berryboo, When you filed your MCOL, did you send in a schedule of charges separately to the court?
I bet you didn't which is why they're asking for a full POC now
cf
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
Hi Charleyfarley, thanks so much for replying - in a bit of a pickle.
Yep, you're right I hadn't included a schedule - I tried getting some advise on the about ins and outs of how to file the MCOL from the 'chat room' but that's neither here nor there now. Plus not being used to this sort of thing (threads etc) I didn't even know how to post one until last week, then I hijacked someone elses obviously without any knowledge......god I sound like a right numpty.....LOL. Anyhoo enough about my numptyness, back to business - my sanity is just about hanging in there - is it savable?
Again, many thankx
Berry, It's saveable but we'll need to be quick about it. I'm just passing through now but will need talk later tonight in some detail
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
and start your schedule from scratch, so enter all your charges on here, calculatethe interest, and get it down to the court before the deadline.
Or else you'll be struck out!
Any questions, just ask me or louis wu is a star on spreadys, and others on here can and will help you out
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
I would personally advise not on the grounds that you would have to pay twice. It would be easier to use an amendment form N244 once it is allocated to a court near you and just pay the additional £35. Saves time and money.
Abbey £4340.59 *WON* Jan 07
Abbey II MCOL 31/03/07 £8800.00
Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE
Cool - will do that now, allocation had already been done so do I pay the additional fee when I hand over the goods so to speak?
What will happen next?
What figures did you use on your MCOL.? Write them out in detail here for us
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
Hi there cf,
Charges from 13th June 2005 to 30th March 2007 amounting to £1894.00, interest calculated by moneysavingexperts.com website £150.00. I've then quoted: section 69 of the County Courts Act at the rate of 8% a year from 13th June 2005 to 30th March 2007 of £417.00 and also at the same rate up to the date of judgement or earlier payment at the rate of 8%.
So about £267.00 out
let me get this right.....MSE said the s.69 interest totalled £150, or is this o/d interest?
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
Yep, the calculated interest with MSE s.69 interest totalled £150 in Feb - o/d interest only comes to £91.36....have I missed something?
Did another spready on there on 27/05 and the interest came to £183.21?
Hiya,
Did another spready and the interest came to £185.37. I haven't filled in the N244 yet tho, I read some threads - Gary H 17th Nov 06 to name but one and alas my head is battered - I know that I have to be quick because the end of the order date is quickly looming(8th June), do I just complete the N244 like Gary H says and attach my spreadsheet - Is there anyhting else I need to include?
Sorry meant to add this to last thread - what is the significance of the N1 and why does it advise to print out the N1 particulars of claim from the templates library and attach it to the N1 form after filling out the N244?????
The N1 is the paper version of the MCOL and is FAR superior. You can C&P the POC onto the N1, nut as noob said, why not just stick with th N244??
your figures will change daily witht the interest as it accrues on a daily basis. Is this the reason for the difference in your figures?
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.