Sazdeagle v Woolwich

[sazdeagle]

I filed my claim yesterday on the money claim site against the Woolwich for £353 and used a given template which is fine, but I now realise that i didn't include a list of charges nor did I put down my account number.
Feeling very sick and stupid about this, what a mistake!!!
Can anybody help me or advise me on what I should do now????
Pleeaassseee

[ian cognito]

Don't panic, you can't include a list of charges on MCOL, you need to send it in seperately, just reference you claim number on the spreadsheet and covering letter and send 2 copies, one for the court and one for the bank.

[Karnevil]

Hi Sazdeagle

If you can post your particulars here we will have a better idea of how to continue. You may be able to amend your claim and send a schedule showing all charges and account number on to the court, but once we see exactly what you did submit we'll know if anything else needs sorting at the same time

[sandbag]

Originally Posted by sazdeagle

I filed my claim yesterday on the money claim site against the Woolwich for £353 and used a given template which is fine, but I now realise that i didn't include a list of charges nor did I put down my account number.
Feeling very sick and stupid about this, what a mistake!!!
Can anybody help me or advise me on what I should do now????
Pleeaassseee

Ok - you can send a copy of your spreadsheet to mcol at the followng address -

The Court Manager
Money Claim Online
Northampton County Court
21-27 St. Katharine's Street
Northampton
NN1 2LH

quoting your Claim Reference number on the schedule. Perhaps you can also quote your account number on a covering letter asking that they add the information to your file.Also send a copy of the spreadsheet to your bank.
Hope that helps
Regards Sandbag.

[sazdeagle]

ok, thank you for your posts, not feeling so bad now!! phew!!
What should I put in the covering letter to the mcol/bank?

[sazdeagle]

Karnevil, what particulars do you need me to give you?

[Karnevil]

The Particulars of Claim you entered on MCOL

[sazdeagle]

I used the template given on moneysaving expert site by cut and paste and just entered the amount I was claiming for and the interest. Am trying to paste a copy of this for you now!

[sazdeagle]

Between the dates of 28/07/04 and 07/10/06 the Defendant applied numerous default charges to the Claimant’s bank account.

2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.


4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of £28.18 continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.


5. The Claimant therefore asks the court to enter judgment in their favour for the sum of £325 plus interest, amounting to a total of £353.18

[sazdeagle]

Ha, I notice your silence Karnevil! Have I totally blown any case I had now with the particulars I put???

[Karnevil]

Ha lol. No I only just read your post.

[Karnevil]

Okay I think you will be okay. Send to MCOL a list of your charges, showing the interest breakdown, clearly headed with your claim number, name v bank name, and your ACCOUNT NUMBER and SORT CODE. Send it to the bank with a covering letter and to the court (northampton bulk processing address) to be added to your file.

I think that will be fine.

[sazdeagle]

You are a star Karnevil, thank you very much.
Will do that today and let you know how I get on.
Sandbag and janquinny, you also, thank you!!!

[MARTIN3030]

Agreed,you will find that the staff are very helpful there.
You are not really making a change,it is a simply ommission,and their advice is usually that if it is only 1 thing as opposed to a few,then it should be ok.
I am moving the thread into Woolwich bank group as you now should be more comfy in the knowledge that you can proceed.

[sazdeagle]

Ok, so I sent the letter as I said I would!! However, the bank must think they're onto a winner as I have recieved a notice today that acknowledgement of service has been filed,and they are putting in a defence for the whole amount, in aaaagghh.
All within 9 days!!!
What happens now? Should I wait for the defence particulars to come through?

[sazdeagle]

Am still waiting for the defence to arrive. In the meantime, has anybody had the bank settle out of court or even lost the battle in court??
Am very nervous still!!!!!!!!!!!

[essjaysea]

So far Barclays/Woolwich have not made an appearance in Court. They will invariably settle with you in full,usually 7 days before the hearing date.

Dont be nervous, there is absolutely nothing to worry about...you will get all your money back

[sazdeagle]

Thank you for your kind words of wisdom essjaysea, it's been 14 days today since they acknowledged the claim, so another 14 days to go. Probably be the very last day that I recieve the defence eh! If they don't manage the defence in 14 days time can I go on the claim site and order the money back???