MCOL help needed

[gkmotorsport]

Hi all,

 

I'm planning on submitting my MCOL claim today or tomorrow, but would appreciate it if someone can check what i have and make sure it's ok. I'm claiming for three accounts in total, but can't see an easy way to state this and keep within the line limit. Also, where do i attach the schedules of charges?

 

1. Between the dates of 30/06/2003 and 02/11/2006the Defendant applied numerous default charges to the Claimant’s bank account, Credit card account and Personal Loan account.

2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.

4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of £324.63, continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

5. The Claimant therefore asks the court to enter judgment in their favour for the sum of £2,381 plus interest, amounting to a total of £2,705.63.

 

Any help appreciated!

[Angi]

Hiya

 

Can you have a look in the Library, there is a thread for MCOL, it also breaks the limit of words to be used down(so it fits). Hope that helps..I am sure someone will see that your a bit stuck & come to give you a hand

[gkmotorsport]

Thanks for your help Angi - i guess that, for a start, i need to include my account details!

 

How about this - Word calls it as 1,045 characters on 15 lines:

 

(Account details munged, naturally)

 

1. The Claimant has 3 accounts with the Defendant, opened 2002:

Current Account Sort Code 11-xx-xx Acct No xxxxxxxx

Credit Card xxxx xxxx xxxx xxxx

Personal Loan x/xxxxxxx-x

2. Since 30/06/2003 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 £2,381; (b) Interest per S.69 County Courts Act 1984 of 8% - £324.63 continuing at 8% until judgment or settlement at a daily rate of £0.52;

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.

 

Any good?

[Sledge]

seems okay matey, to get the character amount down though, i deleted the 'spaces' and only just managed to get mine under the limit for lines!!! Failing that, fill out an N1 form.....it is easier, then hand it in to your local court

[gkmotorsport]

Thanks, i think i may save the walk and use MCOL

 

Don't suppose anyone knows how and/or when i send my schedule of charges when using MCOL? Also, how can i request that they pay up with a cheque, not into my account?

 

TIA

[gkmotorsport]

(bump)

 

Anyone know the answers to the above?

[Sledge]

schedule of charges you dont send with the mcol....you re send them to the bank. As for requesting payment from the bank......could you give them a ring? or even disclose your request in your mcol......but i think that will put it over the word amount :S

[gkmotorsport]

Thanks - having thought it over, i'm going to fill in the N1 and just go to my local court, which is opposite the building i work in.

 

WRT to requesting it as a cheque, could i just add it as an extra line in the claim itself? Here's what i have for the N1 (with the cheque bit highlighted):

 

1. The Claimant has three accounts ("the Accounts") with the Defendant:

Current Account Sort Code xx-xx-xx Acct No xxxxxxxx (opened October 2002)

Credit Card xxxx xxxx xxxx xxxx (Opened December 2002)

Personal Loan x/xxxxxxx-x (Opened August 2003)

 

2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Accounts are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £2,381;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

n.b. The Claimant requests that the total amount be made out in a cheque to the Claimant, and not credited to any of the Accounts.

 

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)

 

Thanks in advance!

[gkmotorsport]

(bump)

 

Sorry to keep bumping this, but if the above text is ok, i can submit the claim tomorrow