Allocation Hearing Milo v Barclays **WON**

[Thailand]

Sorry, didn't read far back enough as usual.

 

Now I realise you are further on, I am not too sure. My instinct would be to send your charges to the court ASAP with a letter just stating you enclose your schedule of charges (with claim number on). And maybe send the the bank another copy,

 

Don't rely on this though - I already cocked up the first post!

[Welshman]

When you submited the claim at MCOL, you should have sent a copy of the schedule of charges, which includes the 8% interest, with the Court Claim number supplied by MCOL on top. You should also have sent a copy of the same schedule to the Bank with the reference number found at the top of their letters to you. You should also include a covering letter asking that they place the schedule in the file they have for you and also mention that you have supplied a copy to the other party.

 

The Bank copy should be sent to:

The Litigation and Disputes Team

Level 29

at their Churchill Place address

 

and more importantly, the MCOL copy should be sent for the attention of:

 

The Court Manager,

at the MCOL address in Northampton.

 

The Judge has thrown you a lifeline - use it today.

 

As Karnevil has said, it's nothing to get unduly worried about provided you act now and continue to follow procedure here.

[Milo19]

Ok, so a covering letter and the charges WITH interest right?

 

What should I put in the letter, something along the lines of whats in the N1?

[Welshman]

Ok, so a covering letter and the charges WITH interest right? Yes

 

What should I put in the letter, something along the lines of whats in the N1?

 

At the top of the letter to the Bank include their reference number then the text something along the lines of

 

"Please find enclosed a copy of the schedule of charges which relate to my claim against you.

 

Would you please be so kind as to add this to the file in this case.

 

I have also sent a copy to The Court Manager at Northampton County Court for their information"

 

and to MCOL, the same text but obviously edited accordingly.

[Milo19]

So letter and list of charges to Barclays, Northampton county court and MCOL?

 

Why MCOL?

[Thailand]

So letter and list of charges to Barclays, Northampton county court and MCOL?

 

Why MCOL?

 

MCOL - moneyclaimonline, and the Northampton county court are one and the same thing, IMO - one to Northampton and one to the Bank. Unless I am wrong, when you issue through MCOL, it generally goes through Northampton until alocated to your local court.

 

HTH,

T

[Milo19]

sent a copy of the list of charges with interest to the bank and Northampton county court.

[Welshman]

So letter and list of charges to Barclays, Northampton county court and MCOL?

 

Why MCOL?

 

You read my post in the wrong way. The text within the quotation marks are what you place in both letters.

 

My posting actually told you to send one to the bank - including their reference number taken from their letters to you - telling them that you had also sent a copy of the schedule to MCOL for their information. And then my last paragraph told you to do edit the very same letter to MCOL with the Court Claim Number instead of the Bank reference number and that you'd sent a copy to the bank too.

[Milo19]

So, and my apologies if I am being thick here:-

 

1: One letter to bank with charges

2. Letter to Northampton County Court with charges.

 

And thats it?!

[Welshman]

Yes, that's it.

 

The exact text of my letter to each was:

 

Litigation and Disputes team

Level 29

1 Churchill Place

London

E14 5HP

 

 

Your Reference Number (From the top of their letters to you)

 

 

 

To whom it may concern.

 

Please find enclosed a schedule of charges in relation to the above claim.

 

The “Interest” column reflects the current running Interest total as at the (the date you print out the schedule plus the 8%).

 

A copy of this schedule has also today been sent to the County Court at

Northampton.

 

 

Yours Sincerely

 

 

also send an identical copy to the Bank, replacing their reference number with the Court Claim Reference number and that a copy has been sent to the Bank. Also put the respective reference numbers on the top of the schedules.

 

the full MCOL address is:

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Good Luck

[Milo19]

Have a messed up big time???? Cannot believe I did that!

[Milo19]

This is what I sent:

 

Dear Sirs

Your Ref: *********

County Court Number: ***********

Please find enclosed a copy of the schedule of charges which relate to my claim against you.

 

Would you please be so kind as to add this to the file in this case.

 

I have also sent a copy to The Court Manager at Northampton County Court for their information.

Yours Faithfully

[Welshman]

Yes, that's OK, and you also sent one to the court too. that's fine.

[Milo19]

So now do I just wait to hear from the court, or should I be sending an application for the removal of stay?

[Milo19]

bump!!!!

[Milo19]

anyone..................hellooooooooooooooo

[Milo19]

Is this ok to enter on the particulars?/??

 

I have a contract with Barclays Bank

conducted on their standard terms and

conditions. I am claiming return of money

taken by the defendant in the way of

charges over the last 6 years, totaling

£3165.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 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and sch.2

(1)(e).In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.I have

repeatedly asked the bank to justify their

charges but they have declined.I claim

interest under section 69 of the county

court act 1984 at the rate of 8% a year

from 27/11/00 to 23/08/06 of £781.24,also

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 8%.I therefore claim a total of £3946.24.

 

Just had a private message from someone saying I may have got this wrong. The bit I have highlighted in red, is that correct?

Is the daily rate the same as the 8% a year value?

[paulwlton]

The 8% interest is per year, the daily rate is expressed in pounds and pence, i beleive it's 0.00022 times the the amount of you're claim, this will give you a daily rate.

To get a stay removed theirs a letter in the library.

[Milo19]

I claim

interest under section 69 of the county

court act 1984 at the rate of 8% a year

from 27/11/00 to 23/08/06 of £781.24,also

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 8%.I therefore claim a total of £3946.24.quote]

 

So the bit I've highlighted in red is wrong.? it should read some like 0.07p per day!?

How can I changed this? I have read somewhere you can change your POC? - I don't want to lose the interest, thats now nearly £800.00

[Thailand]

On a quick scan and calculation, it should be the amount of your charges (taken as £3165) at a daily rate

of 70p ... not 8%

[Thailand]

You've already filed, I really should read back. I don't know if its a prob or not, but maybe you can change your POC for a fee - whether it would be considered worth doing or not, I don't know

[Milo19]

Ok, so the spreadsheet just calculates the yearly interest? Is that correct. Because the figure of charges with interest is £3996.37 x the by 0.00022 is 87p a day.

 

Can anyone help with regards to changing my POC?????

[morgan054]

Your daily rate of interest only applies to the charges as Thailand pointed out hence 70p, ie; £3165 x 0.00022 = 70p

 

So claim would be "£3165 + 8% interest of £781.24 plus a daily rate of interest of 70p"

 

I believe you will need an N244 which is in the templates library and the fee is £35 to amend your claim.

[austenpowers]

That is definitely correct. You can't claim daily interest on the interest, just on the total of your charges. And yes there is a £35 fee to amend your claim

[Milo19]

Ok, so £3165 * 0.00022 - 70p per day, and then the 8% per annum.

 

The n244 form looks complicated, any ideas on what I should put in there to explain why I need to ammend? Also, I assume the £35.00 is made payable to the county court (i.e Cheltenham)