Warnes v NW

[Stewpot42]

Just a quickie!

 

Do i have to inform the bank that i will be proceeding with court or not?

 

Or do i just set the MCOL in motion without telling them i am doing it?

[redsue]

set the MCOL in motion - sod them - you've given them enough warning in your prelim and LBA - they'll soon find out your serious

[Stewpot42]

I have a problem, i seem to have added up the charges incorrectly when i fisrt sent my LBA to Mr Bacon. Even though all the charges were itmeised on the spreadsheet i sent them, i had added themn up to £2720 by accident, yet when i put them on the interest calculator they added up to £3727.5 plus the interest of £694, making a total of £4421.

 

Can i still pursue the claim even though in my original letters i have put the incorrect amount?

 

Or do i have to start all over again?

 

Plaese reply quickly as i want to start the ball rolling as soon as possible with MCOL.

[Stewpot42]

|Dont mean to sound like a whinger, but could somebody please advise me on the above post?

 

Thanks

[redsue]

To be on the safe side I would resend the LBA - I know it's another 14 day wait but hey you've waited this long! I'd resend the LBA saying your initial calculations were incorrect but you have now arrived at the correct figure.

[Stewpot42]

D`oh!, after being all ready to go ahead with MCOL, i now have to wait to get the money again!

[Stewpot42]

Is there a limited amount of time for mte to take the bank to court?

 

I have sent a second LBA informing them of my mis-calculation(12 days ago).

[MilkTrayMan]

Hi Stewpot42,

 

I believe it's SIX years from the date that the event of "unlawfulness" occurred.

 

or...

 

Six years from the date that you found out that the Banks etc had been making "unlawful" charges against your account.

 

The general consensus of opinion is that we all found out earlier this year when I think it was the OFT issued a statement stating as such!

 

You will be able to file for court action in TWO days time if you are basing the claim on your latest LBA.

 

Best of luck!

[Stewpot42]

Hi guys, i`m back again.

 

Quick question, obviously with it being christmas and all i havent been able to get the money together to file in court, any advice on what i should do now that i have the money ready?

 

Should i send all the paperwork to the bank again, or just send another LBA?

 

Would really appreciate some advice.

 

Thanks

[last1standing]

Stew, if you have sent your second LBA with correct calculations on the proceed to MCOL/Court action. you have given them enough warning now time to act. Good luck, but you wont need it

 

Last1

[Stewpot42]

Posted my LBA toady as i will have funds available to proceed with court by next week, just need to put the £120 somewhere safe until they dont reply.

Gettin Nervous!

[lori1]

hide it under your bed stewpot!! i too have just filed with mcol and it has been issued, i am also nervously waiting, everything will be fine (says the person who has recently begun biting her nails), best of luck stewpot i'll keep watching to see how you get on.x

[Stewpot42]

URGENT HELP REQUIRED!

Hi, i am going to process my MCOL today and would like some advice.

Apologies if this is somewhere on this site(as i am sure it probably is), could someone tell me what i should put in the "particulars of claim section", obviously i can only put 1080 characters in this, so i dont want to get it wrong - i will search this site until someone replies, i suppose i could leave it until Friday 9th March to claim, but want to do it as soon as possible.

 

I look forward to your helpful replies.

Have i filled this in correctly(particulars of claim):

1.The Claimant has an account 31601847 with

the Defendant, opened August 1997.

2.Since 07/09/00 the Defendant debited

charges and interest in respect of

purported breaches of contract.

3.Defendant is aware of all details as a

list of charges has already been supplied.

Another copy will be sent.

4.Claimant contends:(a) The charges exceed

the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £3728; (b) Interest per

S.69 County Courts Act 1984 of 8% - £694.50

continuing at 8% until judgment or

settlement at a daily rate of £0.97; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. 7. Costs allowed by the

Court.

[Stewpot42]

Apparently my "particulars of claim" are wrong - must be 24lines or less or 1080 characters and not contain or & - which i am sure it doesnt.

 

According to MCOL, you cant use £ signs or anything other than full-stops or commas!!

 

How do you put in your particulars if you cant use a £ sign?

 

H E L P.!

 

Sorry, everybody! ignore the last 3 posts as i have sorted it out with the guys from MCOL.

 

Have Filed today !!!!

[Stewpot42]

Heres one for you...

 

Since i started this process back in August 2006(it has taken me this long to build up the court fees and the guts to process) i have incurred other charges on my account. When this has gone through(note i say When not IF) can i claim fo these other charges aswell?

[last1standing]

Stew, you claim after this claim has been settled. (Note. after!!!) then you go throught the procedure again. I also have trouble with my claims (which i have had 2 and currently have 3 ongoing) and i alway drop spaces and remove " etc but never had a problem with £ signs. If it is more than 24 lines long then remove line breaks etc. the lovely people at MCOL redo it before it goes in front f the big man anyway.

 

Hope this helps

 

Last1standing

[Stewpot42]

Thanks Last1standing.

 

Just checked MCOl and it says on "judgement" "Start". And gives me the option to click on it.

 

Should i?(its like a big red button saying"dont touch")

[Stewpot42]

OOOH!, My claim has been "Acknowledged" on the 13th March!

 

Panicking now, worrying that i have missed a step out, am sure i havent but dont want to have wasted my time and money on the claim.

[Stewpot42]

Now 29th March, been 16 days since acknowledgement! Run out of fingernail, now on to my toenails, and thats not easy when your 6'2"!!

[petewill19]

Hi Stewpot

 

My claim was paid on 19th March, 21 days after acknowledgement (along with a few other people's claims around that time) they are now taking longer and getting close to the 28 days. I guess you'll have to find something else to chew on............??????????

[Spiff500]

I am currently on day 22 . . . still nothing!

 

I have mailed the elusive and somewhat mythical Charles Bacon with a gentle reminder, no reply.

 

The OCD is kicking in real bad now, checking my balance like 9 or 10 times a day.

 

I suspect I will be smiling any day now; if not it's only about 6 days until I get to press the big red judgement button.

 

As soon as I know anything else I will post details here.

[carbonsa]

My acknowledgement was 9th March and in writing its said NW have until 25th. However I called the MCOL and they said to me 11th april is the deadline. It should have been the 7th April but due to the bank hols.Its the waiting game.

[PPMAN159]

Unfortunately they have 28 days after they have acknowledged the claim, but at least the 28 days starts from when the claim was issued.

 

From what I can tell from other threads/posts no one has yet had to go to court-the banks seem to settle a few days before the hearing date.

 

At lesat when you get the cash back will be able to pay a visit to yiur local 'Nails R Us'

 

Good luck and keep us posted

[Stewpot42]

its now 3rd april and still no response from Mr Bacon and team, they have until the 6th to sort something out, provided i have worked out the dates correctly. I filed on the 8th March and they acknowledged on the 13th March.

 

What happens if the 28 days are up and still no reply?

[Stewpot42]

Hello? Sorry i really need some advice, what happens if they dont reply, or if i have to go to court?