how Do they pay up?

[reginafilangie]

Hi,

 

Does anyone know if they send us a cheque or deposit our money back into our accounts directly? Or can we choose?

 

Is there somewhere on the MCOL where you can put this?

 

Thanks

[Clarky]

From reading on here it seems that if you have an open account they refund the charges into there. Presumably a cheque is the only way to reimburse u if you dont have an account.

 

Hope this helps

 

Clark xx:p

 

P.S. ....... LOVING your username ha ha

[PKea]

I believe that if you dont want to money going back into the account youre claiming from, you state on your court documents that you require payment by cheque

[reginafilangie]

Thanks for that, and the compliment! I am also claiming against capital One, but as this is a credit card i'd prefer a cheque rather than them depositing the money as this would leave me in credit with them.

 

Also, sorry to be a pain but does anyone know what to write on the MCOL? I'll be doing mine on Friday for Halifax and Saturday for Cap 1 and want to be prepared.

 

Thanks x

[Clarky]

This is what Ive done for both of my claims:

 

Claimant has accounts xxxxxxxxx with Defendant from (date of account opening) conducted on their standard terms and conditions. Claimant is claiming the return of £ (charges total) taken by Defendant in charges over x 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 (first charge date) to (date of filing moneyclaim) of (figure on spreadsheet) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (your total charges x 0.00022)

 

And I suppose if u have enough room u can specify that you wish to be paid by cheque but youd be pushing it for space i think

 

Clark xx:p

[reginafilangie]

Thanks that's great, i've clicked on your scales, will let you know how I get on (just keep an eye out for my username!)

 

Regina x

[reginafilangie]

Just completed my money claim so wish me luck!:o

[Clarky]

GOOD LUCK!!!

You wont need it though!

 

Clark xx:p

[reginafilangie]

Thanks, lets hope it goes ok!:o

 

Just checked on MCOL and it has been issued and says they have 14 days to respond.

 

Do I have to give my claim details to someone? How do I go about PM-ing a Mod???

 

Ta x

[reginafilangie]

GOOD LUCK!!!

 

You wont need it though!

 

Clark xx:p

 

 

Wow over two grand from Halifax!?:o ?!! Well done:D ! I'm claiming against them next, unfortunately just for £288 though.

Happy spending x

[reginafilangie]

Thanks, lets hope it goes ok!:o

 

Just checked on MCOL and it has been issued and says they have 14 days to respond.

 

Do I have to give my claim details to someone? How do I go about PM-ing a Mod???

 

Ta x

 

Anyone know?? Also, I didn't give the court details of the charges as I didn't see any place to attach them. Have I done this wrong? Aarrrgghhhhh!

 

Rx

[neilbass]

Where it says 'welcome regina' at the top right of your screen it also says Private Messages. Click on that, then new private message and send details of your claim to a moderator.

 

They need claim number, regina v halifax, court - if its MCOL then its Northampton, and date claim issued. Oh and the amount of your claim.

 

The moderator will then post it in the Litigation section of the site as a record of your claim.

 

 

You can send a copy of the schedule of charges to the Moneyclaim people by post - I assume you put your figures in the particulars of claim and totals boxes?

Also assume Halifax have already the schedule? If not then send them one too.

 

Good luck with the claim - shouldnt be long now before you hear from them! :)

[neilbass]

Loads of moderators by the way - Bookworm, Caro, Jonni2bad, Bankfodder....and loads more - take your pick of who to send it to!

[reginafilangie]

Thanks that's great. Yes that's what I did - I put all the info in the particulars bit. I have already sent the bank a copy. I will PM a mod about my case.

 

So is there a template covering letter for sending the MCOL people my schedule of charges? And do you know the address to send it to?

 

Thanks again

R x

[reginafilangie]

So is there a template covering letter for sending the MCOL people my schedule of charges? And do you know the address to send it to?

 

Thanks again

R x

 

 

Anyone know the answer to this? Also another question -

 

I filed my MCOL on 29 Sept and it said "issued - the defendant has 14 days to respond"/ As of 6 Oct it says "acknowledged - the defendant has 28 days to respond". Which one is it? Do they have 28 days from 29th Sept or from 6th Oct??

[neilbass]

Just send it with a brief covering letter including your case number and ask them to attach it to your file.

 

Differing advice on whether you need to do this or not - I know one person was told not to by the Moneyclaim people - but its only the cost of a stamp so why not.

 

Once the claim is Acknowledged, the defendant has 28 days from the deemed date of serving to file a full defence against your claim. Deemed date of serving is 3 or 4 days after your date of issue.

 

So by filing the Acknowledgement of Service they basically buy themselves a couple more weeks - but of course your daily s69 interest clocks up through this period too!!

 

You will receive a copy of the Acknowledgement of Service in the post - indicating their intention to defend in full - from the court - looks intimidating but stay calm!