MCOL completed today! - Here goes!!!

[DaveMac]

12 December 2006 - Prelim letter sent

No reply from NatWest

 

27 December 2006 - LBA sent

No reply until my deadline day (10 Jan 2007) - then received two identical letters acknowledging my letters and apologising for not yet being able to respond and asking me to 'bear with them' meantime.They thank me for my patience to date - pp'd Stuart HIGLEY (Customer relations)

 

.........The only 'bear' they'll get is me - like a bear with a sore head due to their outrageous charges!!!!

 

11 January 2007 - Moneyclaim Online completed for the £2,289 + £648 interest (total £2,937.90).

 

I took the advice of people on here and am sticking as close as I can to my deadlines - (after all, I first wrote to them on 12/12/06 and they haven't replied until yesterday).

 

I take it I just wait now until I hear regarding a court date??? (& in the meantime sort out my court bundle). - or maybe hear from NatWest??

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[DaveMac]

I have today received my Notification of issue from MCOL.

 

As advised above I am about to send two copies of the schedule of charges to them.

 

Obviously since I first calculated the 8% interest and lodged the claim, further days have passed and my schedule has altered on the spreadsheet due to the interest. Do I therefore send a copy of the original schedule I sent to NatWest (with the 8% at the time), or do I send an up to date one (bearing in mind when I entered the details on MCOL it was less than it is now). Help????

[Michael Browne]

Original one , daily rate takes care of the rest.

 

Click on the time in your taskbar. Reset date to the date you filed. Open s/s and print off. Reset date.

[DaveMac]

Many thanks for that - I'll try that now

[DaveMac]

Schedules of charges sent to Northampton County Court - now I'll wait for NatWest's reply!

 

They've told me it will be deemed to be served on 17th January 2007.

[Bicester1]

Good luck DaveMac

 

One question though why s69 and not contractual? The Small Claims book by Patricia Pearl makes it clear that you can claim contractual. I'm going after Nat West for their unauthorised OD rate of 29% after all its what they do to us!

 

My LBA has goes off tomorrow to Nat West as I'm getting the same prevaricating responses from SH.

 

MBNA settled after I issued MCOL let's hope Nat West do the same. If they take it to the wire and then duck out they may be liable for costs.

 

A last minute withdrawal from a case where there has been no change in circumstances can be viewed by a Judge as "unreasonable" behavior and may result in liability for costs!! See Ch6 page 115 et seq. in Paricia Pearls book.

 

Keep us informed and good luck!

 

Bicester1