SolidStan V The Woolwich(OpenPlan)

[solidstan1]

Here We Go!

This is where I am.

7th June – DPA 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 ([email protected]) 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:confused:

[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]

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!8-)

[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.

 

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????

[closey]

Please see Bankfodders excellent piece on removal of stays (and application for the removal of):

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

You will also find the following thread useful:

 

http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html

[solidstan1]

But everyone else I read are stayed pending the decision of the London Mercatile Court in ELLIS-V-LLOYDS TSB . ect.

But mine is stayed "pending further order from the court"

Is this the same, can I find out a pending case that is holding me up?

Im sure the ELLIOT case is sorted now???

ANYTHING I CAN DO???

can I go and sort it in my local court??

please help!

[solidstan1]

ALSO, where can I find this sample list? :-

 

Attached to this application is a sample list of 223 cases complete with county court reference numbers (Annexe 2)- of which the claimant is aware and which have been started since February of 2006.

[Michael Browne]

I have absolutely no idea, other than looking in Litigation in Progress/Concluded here:

http://www.consumeractiongroup.co.uk/forum/litigation-section/

 

Elliot was settled months ago out of court. These are new cases that have been transferred to Mercantile here:

http://www.consumeractiongroup.co.uk/forum/mercantile-court/

 

and other cases are being stayed by local County Courts pending their outcome.

[telclarke]

Hi SolidStan,

 

I have been reading your thread and I need a little bit of help. I have just received my statements and added up all the charges, it comes to just over 10K but i'm unsure now how to proceed. I have looked at the speedsheets in the templates library but i'm finding it hard to understand. A few years back I had an 1800 overdraft and now I only have 100. when I send my preliminary approach for repayment do I need to include any interest charges and/or the 8% charge. The leter states 'I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .' but I do not know what figures to include or how to calculate them.

Any help will be greatly appreciated.

[purp72]

Hi - if you haven't already seen it there is some information about Cardiff County Court on http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html

 

Purp72

[solidstan1]

Thanks PURP for your reply, my thread seems to be ignored!

 

I would like to send Bankfodders letter to the court.

BUT, what conserns me is, everybody else is "stayed pending another case".

BUT, I am "stayed pending further order from the court".

 

WILL I BE JUMPING THE GUN SENDING THIS LETTER NOW????

 

Please reply, I badly need help here!

 

 

P.S. TELCLARKE

I too found the intrest part confusing, so did not claim it.(it was'nt much for me anyway)

Just use the spreadsheet to work out the the 8% at the court stages.

note they refer to 2 different intrests(one they have charged you and the other you charge them at a comershal(sp) rate.(8%). HOPE THAT HELPS!