MCOL - 4 days 2 go - What then? ****WON!****

[queenrac]

Hi guys,

 

I now have only 4 days to go until the 28 days of the MCOL is up. To date I have recieved nothing from DG, just a letter telling me that they are intending to defend. I faaxed them my breakdown and they called to say they've re'd it so what next?

Can anyone shed some light???

Thanks!!

[nettyg]

they probably will defend at the last minute!! don't worry though. you'll then get a 'notice of transfer' to your local court and a copy of the defence and the allocation questionaire. there will be a date on that somewhere that will tell you when you have submit your aq by.

[Spiceskull]

Depending on the value of your claim you may just get an offer in the region of 75% of your claim...

[queenrac]

I have already received an offer that arrived the day after I began the MCOL. It was for most of the amount requested but they said they wern't willing to pay for the interest so I sent a rejection letter and informed them of my claim number. Value of claim was only £1K

Hope this was the right thing to do????

[HSBCrusher]

which interest?

[queenrac]

Hi Crusher,

 

The initial interest that I sent to them. Filled out the spreasdsheets you provided. (Not the 8%, sent that one with the MCOL!!)

 

Surely, they do owe it me, they say " We note you have added 'interest' to your request for a refund. We do not accept this is appropriate and therefore our offer of a refund does not include any interest"

 

[HSBCrusher]

they have charged you interest on those charges they have removed from your account.

If they are going to return the charges, isn't it's logical to return any interest that was charged on those charges?

Then, logic doesnt play a big part in their plans does it?

[Spiceskull]

One of the best counters to use against their position on (overdraft) interest is this:

On the assertion that some of the penalties I am claiming be refunded constitute overdraft interest, I propose that you consider the following: you regularly applied unlawful penalty charges to my account for many years, and these penalties led to my account being regularly overdrawn. For you to take money from my account unlawfully, and then to charge me interest for my alleged overdraft, is contemptuous. If you had operated my account in a lawful fashion, and had not applied unlawful penalty charges, there would not have been an overdraft for you to apply interest to.

[queenrac]

Hi Guys,

Just checked MCOL and they have put in a defence at the last hour!!!

RUDE RUDE RUDE!

Still, I guess it's onto the next stage. Am I right in thinking it's AQ time and £100 from me?

[queenrac]

Hi all,

 

Re'd AQ in the post yesterday as predicted! Transferred to local court, can someone let me know, is it delay tactics I use now? i.e not submit until the last minute???

[nettyg]

hi q

now's the time to start filling in the aq and bugging dg with calls telling them that you are not far from filing your aq and is there anything we could do to speed things up a bit.

 

have you got all the notes you need about filling it in - and the draft order of directions??

[queenrac]

Hi Netty,

Haven't found the process yet, will do a search for it here now.

When you say call DG, what exactly do I say and how often? I assume that I need to try to get this sorted before the AQ deadline is up?

Any help greatly appreciated!!

[nettyg]

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

 

there you go

[GuidoT]

In case you are not aware and as you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

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 faithfully

[queenrac]

Thanks a lot for those templates!

 

Do you know what I should be saying to DG?

[nettyg]

tell them you are aware that they filed their defence and fib a bit - tell them that you are close to the date for filing your aq and is there anything you/they could do to avoid further costs i.e. £100 (if it's over £1500), anything - have they got your breakdown because you could send them another.... anything!

[queenrac]

ok Netty, Thanks for you help again!!

 

I must admit this is getting quite scary now, I can't help wishing maybe I should have settled for the amount they offered, but then again I know deep down that I would have regretted it!

 

Do I ask to be out through to someone in particular or do I speak to anyone at DG?

[nettyg]

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

0121 455 2111 (Debbie) [email protected]

0121 455 2701 (Rachel) [email protected]

0121 455 2196 (Kate) [email protected]

0121 455 2206 (Alan) [email protected]

 

anybody who answers their phone!! if they don't - leave a message/email and tell them to get back to you. be sure to leave a phone number or email address

[queenrac]

Do I suggest that I prefer we didn't have to go through the rigmarole of court and ask if there is any other way this could be settled or would this look like a sign of weakness??

[nettyg]

you can ask them anything - it's your claim! lol

[queenrac]

Good Point!! I just wondered if there was anything specific I shouldnt say!

 

Will start emailing in earnest tomorrow!!

Thanks!

[queenrac]

AQ Section G?

Hi all,

 

I have been reading through various threads and have read that there is a new strategy and therfore template to use.

There is a also a pros and cons part that goes with it with people discussing.

Can someone let me know which one I should be using? The form they have submitted is the N149 and it's due on the 12th March. Have started emailing all of the guys at DG with no response so far. Will start emailing twice a day from tomorrow, am I likely to hear anything from them?

Any advise greatly appreciated as am starting to worry a bit!

[lateralus]

like most things, it's pretty easy - once you know how:

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. and fill in the XXXX bits with your own details. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

you will have seen netty's big win (6k+) she absolutely bombarded them with emails and got hers three days before the aq was due. so, sometime is when you'll hear from them - sorry not to be more specific.

if you've more questions with the aq - get back.

[queenrac]

Hi Lateralrus

 

Thanks a lot for your help, I was getting a bit confused with all of the info!

Have filled in Draft order for Directions and printed off the statement for section G as my handwriting is awful and would never have been able to fit it all into that box.

Looks like I'm ready to to take it all to Court next Monday. Hope it doesn't come to that.

Will start sending a couple of emails a day from tomorrow, or do you reckon I send more???

[lateralus]

i think that enough - i think netty's 100 a day was overkill - but then she got her offer! look at her thread for inspiration.