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MCOL Started - Help Please !!!!!


rach342285
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Hi all,

 

Barclays have entered a defence on 27/11/06, copy of which was sent to me basically stating I have not provided strict proof of charges etc etc.

 

My case has been transferred to Nottingham and I need to return the questionnaire no later than 16/12/06 along with a £100 fee if the claim is more than £1500.........this is where I need a bit of help.............Does that mean just my original charges amount of £1175 excluding the £120 MCOL fee and the 8% interest???

 

When I started MCOL i put my claim of £1175 and MCOL added the £120 fee to make a total claim of £1295.

My original claim amount excluding the overdraft interest (it wasnt worth including this) is £1175.00 total for 3 accounts, and on the day the total 8% interest was £177.53 which I had to enter on the Particulars of Claim section, plus my MCOL fee of £120, which made a grand total of £1472.53, but with the 8% interest adding up daily this figure will be more than £1500 shortly, so do I treat my claim amount as £1175 and the court will tell Barclays to pay my £120 fee plus the 8% interest up until the settlement date????

 

Also it doesnt say if I need to return any documents to court yet, do I need to wait for a hearing date first????

 

So far I have printed out as per the 'Basic Court Bundle':

 

Relevant Case Law Summary

Early Day Motion from House of Parliment

Dunlop v New Garage

UTCCR 1999

UCTA 1977

SOGA 1982

OFT Statement Summary

 

and I will also include all correspondance between me and Barclays, 3 seperate schedules of charges and copies of my 3 accounts statements, when I get at the office photocopier!!

 

Im off for a read of the Allocation Questionnaire Notes but im sure ill be back with more questions.....ive done a huge amount of reading and printing already so im just starting to go a bit blind, sorry if the questions sound stupid i just need some clarification.

 

thanks for reading, looking forward to your comments :)

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Ive figured out my AQ read the notes and added in this for Section G as 'borrowed' from somewhere!!

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

I believe the case will last no longer than 1 hour.

I will post this tomorrow...does anyone have an idea of when my hearing date will be????

And now I know I dont need to send anything else off with it and im not including my fee as my claim is still not upto £1500 yet. Just panicking then I think!!

 

 

 

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