Moneyclaim Help?

[jacquij123]

Hi,

After reading and re-reading all the useful information on this website and then following the step by step instructions we are now at the point of entering a claim on-line. I have filled in the form but would be really grateful if someone could please read through this and tell me if I have missed anything important. I have a horrible feeling, probably the same as everyone else, that we will be the test case that goes all the way.

 

I have a contract with the defendant which

is conducted on their standard terms and

conditions. I am claiming the return of

money taken in the way of charges + the

interest they have levied on those charges.

The charges are a disproportionate penalty

and therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 sch.2(1)

(e).In the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.I have repeatedly

asked them to justify their charges but

they haven?t. The claimant claims interest

under section 69 of the County Courts Act

1984 at the rate of 8% a year from 11th

August 2000 to 8th September 2006 of

£1661.22 and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of £1.08.

Thank-you to anyone who takes the time to read this and can help.

[lesken]

Hi jacquij, this is what i put in mine you, its up to you if you want to use yours.

Claimant has accounts xx with Defendant from xx to xx conducted on their standard terms and conditions. Claimant is claiming the return of xx taken by Defendant in charges over xx years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from (your date) to (your date) of (?) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£?).

thats what i put and it fit

[dolly]

That daily rate does not look right to me.

 

Should be CHARGES (not including interest) x 0.00022

 

I imagine it will be £0.11 ????

 

And also is your interest only (ie the 8%) really £1661.22

 

Just checking that is all

[jacquij123]

Hi, Thanks for the replies.

The figures that I have worked out are

Charges: £4929.50

Overdraft interest: £541.72

8% on charges and interest £1661.22

Total £7132.44

 

Interest (4929.50 *0.00022) = £1.08

 

I hope it's right but I'm happy for anyone to correct it for me.

Thanks

[dolly]

Hi, yes they are right...never seen a daily figure that high before to be honest and I have seen some big claims! They usually work out around the 15p mark so that is why I was checking, just in case.

 

Best of luck - please let us know when you file

[jacquij123]

Hello,

Thanks for confirming that.

 

A quick update;

Total Claim:£7394.84:-o

Filed with Moneyclaim on Monday.

Issued 11th Sept

Acknowledged 13th Sept.

Major butterflies set in 13th Sept:-|

 

Although I have been following this forum for a while now I really can't believe it is going to be this straight forward.

[dolly]

It's easy!!

 

Can you PM me your claim number so I can get it put in the litigation section, please?

[davisc02]

Hi Jaqui,

 

Your almost at exactly the same stage as me and not to much difference on the amounts. You should get a letter from the courts from Charles Bacon telling you they intend to defend.

 

Good luck

[jacquij123]

I need some reassurance on this as I am getting even more worried now. The claim was acknowledged on the 13th but since then nothing. Looking at other threads they should have paid up by now? There is maybe one problem, looking at the claim I think I missed out putting the account number in, they have the name and address so should be able to match it up but do you think this could be why there is a delay.

Really don't want to be the one that has to go all the way with this.

Thanks for any advice.

[lyverbyrd]

*bump*

[nicolashields]

Hi Jacqui. My claim was acknowledged on 14th September and I still haven't had anything apart from the ackowledgement from Charles Bacon for the MCOL. I am now panicing too!!

 

p.s I did put my account number on the MCOL.

[jacquij123]

Thanks, it's nice to know I'm not the only one!

[ukwebgirl]

Think I should join this club too.

 

Just want to say be patient. I for one know its easier said than done.. my claim was also acnowledged on the 13th by Mr Bacon with an "intends to defend".

 

At the end of the day this buys Mr Bacon et al 28 days to make a defence or otherwise (otherwise being pay up).

 

I would try not to worry until that time is up.

 

I realise its hard when you see others being paid much quicker but I suggest we wait till 28 days from acknowledgement and if we haven't heard anything by then (which we should) then panic. LOL

 

They prob do them in batches and have a backlog.

 

Best wishes

ukwbg

[nicolashields]

Thanks UKwebgirl, its hard not to panic when the courts are involved.

 

So that gives them till about 12 October to do something then, otherwise I suppose we win and they have to pay up anyway.

[jacquij123]

Well... after convincing myself I had done something horribly wrong Nationwide have paid out!!

It's only a fraction of the amount but hopefully more will go in tomorrow but at it's put my mind at rest. Hopefully everyone else will get some good news soon.

[lyverbyrd]

Hi Jacqui

 

Congrats! What time was your money paid in?

[jacquij123]

Thanks!

I checked at about four and it wasn't there and then at about 5:30 and it was. Don't want to give the impression that I have been checking up to ten time a day but there you go!

[lyverbyrd]

LOL...I have

[lyverbyrd]

I've just been to the cashpoint machine, and some of the money has gone in. I imagine the rest will be the next couple of days. YAY!

[ukwebgirl]

That's great news. Well done.... just going to check my account now.. back in a minute.

ukwbg

[ukwebgirl]

Me again. No news from me but keeping everything crossed.

My account was closed by NW last year so hoping thy are in the process of raising a cheque.

Keep us posted.

ukwbg

[lyverbyrd]

Fingers crossed for you.

[nicolashields]

I have checked my account this morning and have received £84.25 last night (27th September) which is only a small amount of what they owe. Hopefully the rest will be in by tomorrow.

[jacquij123]

They have now paid in the next instalment, I;m just about £500 short which sounds a lot but then they have paid out nearly £7000 in the last couple of days so I'm not complaining. Well, not at the moment, I'll leave the moneyclaim running and be in touch with Mr Bacon about the missing bit.

[nicolashields]

Hi Jacqui they have paid in some more for me to. I'm still about £200 short, I think we can email Mr Bacon to advise him that we are keeping the money claim open till they pay the rest.

 

If anyone has any advise let us know!!