Submitting MCOL

[Layla_ck]

Hi guys, I am just about to submit my County Court Claim via MCOL.

 

Two questions, I have written this in my Particulars of Claim section;

 

1. The Claimant has an account with the Defendant, opened January 2003

2. Since 31/03/2003 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 £706; (b) Interest per S.69 County Courts Act 1984 of 8% - £157.95 continuing at 8% until judgment or settlement at a daily rate of £0.16;

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.

 

Secondly, where do I send my new schedule of charges to which includes the 8% interest etc?

 

Thanks, Layla:)

[Layla_ck]

I really don't mean to be a pain people, but could someone please reassure me that what I have written is okay as I want to send this off today!

[mo]

its near enough to what i wrote,i copied it from the library,the new schedule,i just sent 3 copies too the court,i filed mine at local court,apparantlay 1 for halifax i for court and 1 for you,hope this helps,oh i won

[Layla_ck]

Thanks Mo, I will be sending it all off tonight all being well!

[Layla_ck]

Hi!

If I have sent my claim off via MCOL, what address do I send off my new claim spreadsheet to for the attention of the court?

Thanks,

[Drewster_UK]

I'm wondering that to - I think it's the court on the top of the claim form, usually Northampton. I'm not sure if we need to send a schedule of charges yet or not.

 

Can somebody confirm if this is needed right after you file MCOL?

 

Or do you wait to see if Halifax acknowledge inside the 14 days first?

 

Thanks

 

Drew

[Layla_ck]

Bump!

[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,

[Drewster_UK]

Most appreciated Michael

 

Regards

 

Drew

[Layla_ck]

Thank very much Michael, your reply is much appreciated

 

Another quick question, what if the Halifax do not acknowledge my claim at all, do I not then send them a charges schedule?

 

Thanks, Layla

[Michael Browne]

Another quick question, what if the Halifax do not acknowledge my claim at all, do I not then send them a charges schedule?

 

They will, but if they don't, you can apply for judgement by default.

[Layla_ck]

Halifax have today sent me a letter offering me my full charges back totalling £706, however now with the court costs and interest my claim totals £950, what should I do?

[Michael Browne]

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. Prior to receipt of your letter I have filed a claim (No XXX) in the County Court and have therefore incurred further costs.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[Layla_ck]

thanks Michael,

 

I rang the Halifax, they have offered my charges plus my court fee, am very tempted to settle?

[Michael Browne]

1. It's only verbal

2. There's still s69 8% owing

 

I'd send the letter and carry on with the claim.

[trudd]

I have a similar thing going on. I filed my claim on the 18th of January. Got an offer of the original full amount a couple of days ago. I still want my interest and fees too so I wrote declining informing the of court action etc.

Thing is mcol still won't let me start judgement. I thought enough time had passed by now!