boXXer vs HSBC ** WON **

[boXXer]

woohoo! lucky you! i used that 8% spread sheet, but ive been reading some people are claiming 8% up until they filed the MCOL. Is that correct? i was just gunna claim for the 8% up until the last charge. i.e, if my charges total £2093, i can claim £2400.59 that includes the 8%?

 

Cheers

Mike

[Kazzy77]

the 8% cant be claimed until mcol so if others are doing that, they r doing it wrong lol.

 

i know some are not going for the 8% but instead going for contractual interest which is about double but u'd need to search that up as i havent looked too much into it

[boXXer]

yeah i know that bit, cos i nearly claimed for the 8% myself! oops. What i mean is, when you add the 8% at MCOL stage, is it just the total charges plus 8%?

[Kazzy77]

its all worked out on each individual charge and the date it was taken from you so the older it is, the higher it is. u dont just do a xxx + 8% = xxxx

 

if u do the spreadsheet u will see how it breaks it down. is a pain to fill in all the bitsd but a lot easier than calcualting it all urself!

[un1boy]

I agree, I have just been claiming the 8% APR and no other interest (it gets too complicated if I wanted to claim back the interest) and the contractural interest, well, I just can't get my head around it!

 

Boxxer, let me know when you're preparing MCOL and I'll post you a template that fits into MCOL for your particulars of claim!!

[Kazzy77]

hi un1boy. see you have lots settled now. well done!

 

good luck boXXer. if u need a hand we will help wherever we can.

[un1boy]

Hi Kazzy, yep just Lloyds to go now - I'm leaving Egg for a bit until I've paid uit off, hehe.

[Kazzy77]

yeah i dont blame you.

 

im about to start claiming bank charges with lloyds for a friends account and im going after direct auto finance as they have ripped me off quite badly to the tune of £9000 for a car worth £3500 lol.

 

sorry boXXer...not meaning to hi-hack ur thread

[boXXer]

lol @ hi-jacking my thread. Its all good! any info is good IMO. Will add you to my msn today Kaz.

[boXXer]

RIGHT! 14 days are up as of end of today, SO can someone help me write the MCOL text, and show me how to add up the interest. (un1boy!)

 

Cheers

Mike

[boXXer]

Just had a look at the spreadsheet, and all i wanna do is add the 8% by the courts, not by overdraft charges. SO, do i just get the total (which is £2083) and add 8%? or do i need to work it out another way?

 

Cheers

Mike

[boXXer]

could someone PLEEEEEEASE help me as i wanna get the MCOL sorted in the morning. Sorry to be a pain.

[Welshman]

Here’s how to file your claim with MCOL:

Go to https://www.moneyclaim.gov.uk/csmco2/index.jsp and register with them.

Fill in the forms which are quite straightforward and in the particulars of claim, the text I used was:

"The Claimant had a contract with the Defendant Your account number here from Approximate date account opened which was conducted on their standard terms and conditions. The Claimant claims the return of £ amount before adding % age levied by the defendant in the way of 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 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 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. The defendant has been asked to justify the charges but they have declined to do so. The Claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from Date of the first of their charges against you to Date of the last charge of £ place the 8% figure here and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of multiply your amount before interest by 0.0002 and put here (Mine is £0.45).

 

Tick No for Human Rights Issues.

The Addresses you need to send the copies of the schedule are:

For Barclays:

Litigation and Disputes Team

Level 29

1 Churchill Place

London

E14 5HP

And for MCOL it’s

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[boXXer]

Hiya mate. Thankyou so much for your reply. Im just pretty confused on the 8% part. can you explain how its done? i basically did a calculation from the spreadsheet of the first date of charge, to the last date with this formulae= =(C9*0.00022)*E9

 

so, so i just add up all these charges, and add them to the claim. (mine being £324 on top)

 

i can email you a copy to have a look if you like?

 

Thanks!

[Welshman]

OK. I can only tell you what I did. I used the England Simple Excel spreadsheet from this site which is found here.

 

I don't want to seem to be trying to be like a schoolteacher here but I am concious that others learning their way around this system will read this thread and this post and learn from them so I am explaining it in Laymans' terms from the very beginning so please forgive me.

 

When you fill the spreadsheet in, you overtype what's already there until you've covered all your charges. Dependant on how many entries you have then you may have to add some rows or delete surplus example entries below.

 

All entries you make are in three columns. These being:

 

"In Respect of", "Amount" and "Date Incurred". At the bottom of the "Amount" column you will see a total. That's the one without interest, and that's the one you use at Prelim Letter and LBA stage.

 

The spreadsheet will have done its own calculations in the other two columns which are entitled "Days since Offence" and "Interest 8% APR". You don't touch those at all. The days since offence column calculates the number of days since the bank made the charge and which appears on your statements up to the day you are viewing the spreadsheet. If you look at one column on two consecutive days, you'll see the totals have gone up by a day. So will the interest.

 

Now at the bottom of the interest column, you will see two totals. The top one is the total Interest @ 8% which is re-calculated automatically by the spreadsheet each day and the larger total below it is the total sum at the bottom of the "Amount" column plus the subtotal at the base of the "Interest" column.

 

When the spreadsheet is produced for the Prelim and LBA stage, it is printed out excluding the last two columns and totals. There are several ways to do this, the easiest being to go to "File" at the top of the page and go across to "Print Area" in the drop down menu then "Set Print Area". Set the area making sure that you include the Total under the "Amount" column but exclude the last two columns. When you need to include the 8% interest in the future, you obviously set the print area to include everything.

 

Does this answer your questions?

[un1boy]

OK. I can only tell you what I did. I used the England Simple Excel spreadsheet from this site which is found here.

 

I don't want to seem to be trying to be like a schoolteacher here but I am concious that others learning their way around this system will read this thread and this post and learn from them so I am explaining it in Laymans' terms from the very beginning so please forgive me.

 

When you fill the spreadsheet in, you overtype what's already there until you've covered all your charges. Dependant on how many entries you have then you may have to add some rows or delete surplus example entries below.

 

All entries you make are in three columns. These being:

 

"In Respect of", "Amount" and "Date Incurred". At the bottom of the "Amount" column you will see a total. That's the one without interest, and that's the one you use at Prelim Letter and LBA stage.

 

The spreadsheet will have done its own calculations in the other two columns which are entitled "Days since Offence" and "Interest 8% APR". You don't touch those at all. The days since offence column calculates the number of days since the bank made the charge and which appears on your statements up to the day you are viewing the spreadsheet. If you look at one column on two consecutive days, you'll see the totals have gone up by a day. So will the interest.

 

Now at the bottom of the interest column, you will see two totals. The top one is the total Interest @ 8% which is re-calculated automatically by the spreadsheet each day and the larger total below it is the total sum at the bottom of the "Amount" column plus the subtotal at the base of the "Interest" column.

 

When the spreadsheet is produced for the Prelim and LBA stage, it is printed out excluding the last two columns and totals. There are several ways to do this, the easiest being to go to "File" at the top of the page and go across to "Print Area" in the drop down menu then "Set Print Area". Set the area making sure that you include the Total under the "Amount" column but exclude the last two columns. When you need to include the 8% interest in the future, you obviously set the print area to include everything.

 

Does this answer your questions?

 

HI Boxxer, sory for not getting back to you sooner - I've been away from my hose until just now, seems like Welshman has done well helping you though!!

 

Everything he's said is exactly how I did it.....

 

in terms of working out the daily interest, you do it like this:

 

If yur total (BEFORE interest on the spreadsheet) is £2083.00 then you do thefollowing calculation:

 

2083 * 0.0002 = 0.4166

 

So, your daily interest rate is 42p......

 

Hope this helps!

[Spiceskull]

do they have 14 days to acknowledge the MCOL claim, then 28 days to defend from this date? anyone with any answers?

It's not just MCOL, but the whole court system. Those dates/times are sort of correct, although they do not need to defend, just submit a defence to the court...and they have 14 days from the acknowledgement.

[boXXer]

hello! just a quick question. Will it be ok to start MCOL a week late as ive run out of money! DOH!!!!

[un1boy]

hello! just a quick question. Will it be ok to start MCOL a week late as ive run out of money! DOH!!!!

 

Absolutely - just enter it when you have the dosh!!

[boXXer]

wicked! cheers pal.

 

then do i just wait for it to all happen? i dont have to do anything further do i?

[un1boy]

Nope, just fill in the MCOL form, pay and then they write to you - keep posting when you get the letters and we'll all tell you what to do next.

 

They will probably acknowledge it before the end of the 14 days saying they will defend and then offer you a settlement!!

[pharma rep]

its certainly answered some of mine welshman..THANK YOU!! for the sake of hi jacking your thread boxxer - hope you dont mind, can i ask a queston...i have just sent my pelim letter with schedule - interest colums...does the 14 days start from the day i post it or next day? and do i include weekend days or just working days?

[Welshman]

It's calendar days so include weekends. Generally allow a couple of days for delivery. Post your LBA 14 days after you posted the Prelim letter, that will be fine.

[boXXer]

Right, filed my MCOL last night!!! SCARED! so what do i do now? sit back and wait?

 

Cheers!

[un1boy]

Right, filed my MCOL last night!!! SCARED! so what do i do now? sit back and wait?

 

Cheers!

 

Yep....you'll get a letter from MCOL saying when it's been issued and the date it is deemed to be served. They will 14 days from the date it is deemed served to acknowledge and then another 14 days (28 days in total) to enter a defence. they will acknowledge the claim within the 14 days and say that they will defend it in full - then they will write to "without prejudice" offering you a settlement.

 

Keep us updated.