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asalique

Help with POC please - URGENT

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was trying to do mcol today but got stuck. not claiming overdraft interest. claim amount 1733, 8 % interest on that 279.99. i used POC from CAG template and thought this included text for claimng 8% interest. on the POC section on MCOL i am asked if i want to reserve the right to claim interest. i choose yes and a pop message appeared asking i must add this text to claim interest -

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

this is what i used from CAG -

 

1. The Claimant has an account 63499037 with the Defendant, opened September 1994 2. Since 02/12/02 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 £1,733.00; (b) Interest per S.69 County Courts Act 1984 of 8% - 279.99 continuing at 8% until judgment or settlement at a daily rate of £0.38; 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.

 

i am not sure if i have to remove anything from the above POC and new text to claim interest. someone please help.

thanks.

asalique

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was trying to do mcol today but got stuck. not claiming overdraft interest. claim amount 1733, 8 % interest on that 279.99. i used POC from CAG template and thought this included text for claimng 8% interest. on the POC section on MCOL i am asked if i want to reserve the right to claim interest. i choose yes and a pop message appeared asking i must add this text to claim interest -

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

this is what i used from CAG -

 

1. The Claimant has an account 63499037 with the Defendant, opened September 1994 2. Since 02/12/02 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 £1,733.00; (b) Interest per S.69 County Courts Act 1984 of 8% - 279.99 continuing at 8% until judgment or settlement at a daily rate of £0.38; 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.

 

i am not sure if i have to remove anything from the above POC and new text to claim interest. someone please help.

thanks.

asalique

 

Hi

I dont think you have anything to worry about - if i remember rightly i got the same pop up message - I think basically it is just a reminder for you and the POC on CAG has all the text you need, so i dont think you need to change anything.

 

I am sure some one will correct me if i am wrong, but i am sure you're ok

 

:)

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Thanks for that. i actually called the MCOL helpdesk and was told should use the text contained in the message and not use my own. I am sure others use CAG POC and there was no problem. I will leave it till monday and see if anyone corrects. A Salique

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