SolidStan V The Woolwich(OpenPlan)

[solidstan1]

Here We Go!
This is where I am.

7th June – Data Protection Act sent to Woolwich.

9th June – Standard letter received from Barclays, “documents to follow”, check returned

15th June – 6 years of statements received, from Open Plan.

16th June – Preliminary approach for repayment & list of charges, sent to Woolwich.

22nd June – Negative response received, saying they would aim to resolve by 17th July.

22nd June – LBA sent to Woolwich giving 14 days before MCOL. (MCOL 8th July)

28th June – Your claim has escalated to Head Office(Barclays), sent from Woolwich.

29th June – Sorry you’re not happy, and complaints leaflet. Received from Barclays.

----------------------------

So I guess about Monday 10th July I will be filling a claim with MCOL.
At this point I am in need of support, starting to get shaky now!
All support will be much appreciated..
Any predictions on what’s next? (I like to know what to expect!) :-}

Many Thanks in Advance.

[philiprose]

Good luck, I'm just behind you in the claiming stakes against the Woolwich. (I'm the case wanting to give my lads a holiday).
Keep us informed of how it's going and if you want a chat anytime just send me (philiprose06@aol.com) an e-mail. You know what they say about a problem shared.

Phil

[closey]

Hi there,

You can get all the support you need on this site. No need to be shaky, you have done nothing wrong, you haven't broken the law, you are just claiming what is rightfully yours. Every time you feel a little doubtful just remind yourself of that.

Best of luck, although you won't need it.

[solidstan1]

So I am about to do my MCOL. Im not quite sure, do I include the 8% intrest, or is this done at a later date in court?

This has proberly been asked 1000's of times on this site, but I cant find it anywhere...LOL

[Michael Browne]

No, inorder to claim the 8% it must be included in your particulars of claim:

Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of Claim) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

[solidstan1]

I understand the particulars of claim.

What I need to know is, In the Amount Claimed Box(MCOL), does this include the 8% intrest as well as the total charges?

[Michael Browne]

Moneyclaim Form
On the front, VALUE, simply put
Bank charges - £XXXX
Interest - £XXX
Court costs - £XXX
Total of - £XXXX
Plus daily interest at 8% of £0.XXp from the date of issue until settlement.
Below this, in the box marked Amount claimed, this should be charges plus initial interest shown above.

[solidstan1]

MCOL form:-

Amount Claimed - £900.50
Court Fee - £80.00
Solicitor Costs - £0.00
Total Amount - £980.50

Piticulars of claim:-
BLAH BLAH - The claimant claims
£900.50, being the sum unlawfully debited.
The claimant claims interest pursuant to
S69 of the County Courts Act 1984 at the
rate of 8% per annum, being the sum of
£291.37

Hope this is correct, Thanks MICHAEL for your info!

[Michael Browne]

Originally Posted by solidstan1

Piticulars of claim:-
The claimant claims interest pursuant to
S69 of the County Courts Act 1984 at the
rate of 8% per annum, being the sum of
£291.37

Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of £291.37 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.20p (= Amount claimed x 0.022).

[solidstan1]

Ive just completed my MCOL, and paid the £80 fee.
On filling in the online form apart from the above everything seemed simple.
However, it did not ask which court. I assumed this would be done according to my address or the later allocation questionair. After completing I printed the PDF claim form, and in the top right corner it says " In The NORTHAMPTON County Court". OMG! should'nt this be my local court??

WHAT DO I DO??
HELP!

[Michael Browne]

Itt will be re-directed to your local court. Northampton deals with all online applications

[solidstan1]

Thanks mate.

Worry Over...lol

[philiprose]

Good Luck Stan,

Keep us informed on how it's going. I've just put my LBA in the post tonight so my next step is the court in 14 days.

Phil

[solidstan1]

Today I recived an acknowledgment of service from NORTHAMPTON COUNTY COURT, has the above (post11) says it will be redirected to my local court. Can anyone else confirm this and give me an idea when this will happen, as I am getting alittle worried now!

Many thanks in advance!

[closey]

Yep, it will be allocated to your local court. Don't worry, this is the procedure. Just follow each step and you'll be fine.

[solidstan1]

Thanks loads!

[genesco]

In your amount claimed you need to add your interest in that amount
ie
Amount Claimed - £1191.87 (original amount plus 8%)
Court Fee - £80.00
Solicitor Costs - £0.00
Total Amount - £1271.87 (amount claimed plus court fee)

otherwise they will think you are only claiming the original amount.
I made the same mistake I didn't add my (£900 interest)then had to fill out an n244 form and ammend my N1 form and send it back to the court with a £35 cheque.

Originally Posted by solidstan1

MCOL form:-

Amount Claimed - £900.50
Court Fee - £80.00
Solicitor Costs - £0.00
Total Amount - £980.50

Piticulars of claim:-
BLAH BLAH - The claimant claims
£900.50, being the sum unlawfully debited.
The claimant claims interest pursuant to
S69 of the County Courts Act 1984 at the
rate of 8% per annum, being the sum of
£291.37

Hope this is correct, Thanks MICHAEL for your info!

[solidstan1]

URGENT HELP NEEDED!

10th July - I filled a claim with MCOL.
In between these dates recived and sent other bits of paper.(general, AQ ect.)
14th September - recived a NOTICE OF TRANSFER PROCEEDINGS saying " This claim has been transferred to the Cardiff County Court for allocation".

20th September - recived a GENERAL FORM OF JUDGMENT ORDER saying It is orderd that "1.Case is stayed pending further order of the court."

PLEASE HELP! - What does this mean????