Claim Help

[shaun1912]

I am doing my moneyclaim on line and I am now stuck!

 

Can someone tell me if this is correct?

 

The Claimant has an account xxxx with

the Defendant, opened 1992. 2. Since

31/3/01 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 £5,966; (b) Interest per

S.69 County Courts Act 1984 of 8% -

£6,637.74 continuing at 8% until judgment

or settlement at a daily rate of £1.47;

The claimant claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from 31/3/01 to 4/12/06

of £ 6,637.74 and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £1.47

 

This is what is holding me up now!

[tezviper]

Hi m8, am I right in thinking u are claiming £5966 plus £6637 in interest? that seems to be a huge claim and Im amazed the interest is more than the actual charges.

 

TezViper

[shaun1912]

No the charges are for £5,966 and with the 8% interest its £6,637.74?

[tezviper]

I think you may need to ammend your claim, coz I think it comes accross as the way I said. unless I have filed my claim wrong.

 

Do u know what I mean?

 

TezViper

[Angi]

Hiya

 

It looks wrong to me, Have you added the charges & the interest together?

your interest looks way over the top to what the charges are

 

from looking at what you have wrote for your mcol, I think you have put the charges & interest in the interest place, I hope you know what I mean. If not have a look at this:

 

The Claimant has an account xxxxxxx with

the Defendant, opened 1992. 2. Since

31/3/01 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 £5,966; (b) Interest per

S.69 County Courts Act 1984 of 8% -

£?????? continuing at 8% until judgment

or settlement at a daily rate of £1.47;

The claimant claims interest under section

69 of the County Courts Act 1984 at the

rate of 8% a year from 31/3/01 to 4/12/06

of £ 6,637.74 and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £1.47

 

see where the ?????? this is where your interest goes & only the interest

hope this is helping you out, if I am wrong I know someone will jump in & tell you, but it doesnt look right to me.

[tezviper]

yeah thats what I thought Angi, I was gettin worried tho coz I filed my MCOL last week and I did mine the way you said. I even pm'd a mod.

 

Teziper

[Angi]

ohh its easy done, I know I did the same when I did my claim lol

 

I think this bit is the one that needs to be done with more care than any other part of the claim, coz this is the final bit that has to be spot on, we dont what to see any little mistakes now, But hey thats what the great people on this site are here for, to give a helping hand.

[shaun1912]

Hi,

 

I think I get you!

 

I have ammended the changes, is this right now?

 

The Claimant has an account xxxxxxx with

the Defendant,opened 1992.2,Since

31/3/01 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. 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 £5,966;(b)Interest

per S.69 County Courts Act 1984 of 8% -

£671.74 continuing at 8% until judgment

or settlement at a daily rate of £1.47;

and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £1.47

[HelFl]

I am in the process of completing my MCOL too and compared it with what Shaun has written.

I have added:

 

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

 

instead of what Shaun has added:

 

and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £1.47

 

Does it matter? I am losing it with all this legal jargon!!!

 

Please help

 

 

Helen

[tonyevic]

If its any help...heres the particulars of my claim on MCOL

 

1. The Claimant has an account …………..with the Defendant, opened July 2001.2. Since September 2002 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 £1106.10; (b) Interest per S.69 County Courts Act 1984 of 8% - £179.88 continuing at 8% until judgment or settlement at a daily rate of £0.22; 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.

 

 

The £1106.10 is the totat amount of charges including interest accrued from the charges, the £179.88 is the interest at 8% from when the charges were levied..

 

HOPE THIS HELPS AND DOESNT CONFUSE

 

 

Oh Yes! £1106.10 + £179.88 + sar fee + court costs = total claim:roll:

[HelFl]

Thank you tonyevic - that's a great help

[shaun1912]

Nice one cheers for that, I wasnt that far off....ahem!!

 

It's going to cost me £250 to file my claim just before christmas too! (if my girlf hadnt dumped me then i wouldn't have been able to afford to pay it.... so thanks to her i can!!)

[valhumphries]

Help please: I am about to enter a claim on line. I am claiming £3195 from 29 December 1999 to 4 August 2006. I have never done a spreadsheet before and the one in the template library would not load (I am not sure if it is because I use a Mac). Anyway I still not sure how to calculate the interest for this amount of this period. Any tips would be appreciated.

[tonyevic]

Val

 

you probably need to go here to download alternative program to open mac excel files.

 

 

OpenOffice.org: Home

[HelFl]

Have you filed the MCOL yet Shaun1912? I have just done mine - so will wait and see what happens next

 

Helen:rolleyes:

[shaun1912]

Hi Helen,

 

Yeah filed it yesterday and got a letter from the courts which i thought was quick!

 

They are going to file it on the Halifax on Monday apparantly so watch this space, they have until Dec26th to file a defence.

 

Hope they do need the money!!

[Deller]

They will probably get a couple of days extention on this date as it falls on Boxing Day, expect them to get it in 28th/29th.

[tezviper]

Just to let u know, I filed on the 29th and was paid 2day the full amount. £3385. It took 9 days.

Just to hurry things along I emailed the halifax legal department. I told them I wanted to know where to send my updated list of charges but I was really just trying to alert them to the fact that I had served them court papers.

I think it helped.

 

TezViper

[HelFl]

what address did you use TezViper?

Do I need to send a list of the charges to the court?

[HelFl]

I received the letter from the court informing me that the claim was been issued on 11th Dec and to take 16th as the date. Halifax are to defend by 30th!

Just gotta wait now!!!

[tezviper]

If bank hasnt acknowledged yet then email this person just informing them that you have filed a cliam against the halifax and provide the claim number, then ask them where to send the updated list of charges. Thats what I did and I got quite a speddy settlement.

 

Ms. Rachel Hinchliffe

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

01422 391096

Fax: 01422 333453

Email: rachelhinchliffe@HBOSplc. com