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Michael Browne

Getting MCOL Right

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GETTING MCOL RIGHT

 

If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

 

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

 

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

 

OFT TEST CASE:

Following the announcement by the OFT, as from August 13th, all bank charge claims filed at MCOL are being automatically stayed. Therefore it is advisable only to file a claim using N1 at your local court

 

You can download N1 here:

N1 Claims form in .PDF format with form filling

and POC's for the N1 here:

4. Particulars of claim - N1 - hard copy version

 

Even these POC's are sometimes rejected by judges, so if you are filing at your local court, you may want to consider using a fuller version. See here

 

New POC's:

There are now new comprehensive Particulars of Claim written by a QC specifically for the following banks:

 

Abbey

A&L

Barclays

Co-op

Halifax

HSBC

Lloyds

Natwest

Royal Bank of Scotland

Yorkshire

 

 

See here:

http://www.consumeractiongroup.c o....lates-library/

 

 

If you are on benefits, you may be eligible for exemption from court fees.

You can only apply for this at your local court using form Ex160.

 

Claiming via MCOL

If you register at MCOL you can fill in the claim forms in advance (all fairly straightforward).

 

At any time you can save what you've done. Each time you complete a page, it is automatically saved and there is a ‘Save’ button on each page.

You can then ask about anything you're unsure of on your thread.

 

When you log on again, you can delete or amend anything if necessary and carry on. Your claim isn't filed until you hit the final 'Submit' button and pay the court fee. Any part filled claim form is saved for 28 days.

 

This means that you can prepare the claim for filing several days in advance, taking your time to make sure you get it right.

 

First read the Money Claim On-line guide here:

Her Majesty's Courts Service

 

This is where you start your claim:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

1.On the Home Page click on ‘I am a new claimant’. On subsequent visits click on ‘I am an existing claimant’

 

2. On the next two pages are information and instructions, including how to save and print out a copy of your claim, which you should read carefully. Don’t be tempted to skip these.

 

3.Fill in the ‘Log In Registration Details’. Before you do anything else, make a note of these. You will need your Customer ID and Password to log on in future.

 

4. Optional Registration Details: All these are, well, optional.

 

5. Registration Confirmation of your Customer ID.

 

6. Log on with your Customer ID and Password. (You did note these, didn’t you?)

 

7. Claim Menu: Click on ‘ Start a New Claim’. On subsequent visits click on ‘Continue with an existing claim’

 

(1) Claim Notes: Again read these carefully

 

(2) Claim Description: Enter any title you like for your claim e.g. ‘Natwest Penalty Charges’

 

(3) Claimant Details: Your name and address

 

NB Scottish Claimants:

If you are filing a claim on MCOL and your registered address is in Scotland you must put the Scottish address in the first "Address Details" field. In the next field entitled "Service Address for sending documents and payments" field you must then place an address in England or Wales.

If you simply place the English address in the main address details section the bank's defence will suggest they do not recognise you.

 

(4) Defendant Details: The bank’s name and address of their registered office. You may be asked to confirm the post code by clicking on ‘Look Up’ and confirming their address

 

(5) Claim Details: Type in your Particulars of Claim. See here:

5. Money Claim On-Line (MCOL) Particulars of Claim

 

Click No to Human Rights and Yes to claiming interest.

 

If you have already included the s69 paragraph in your POC’s, you can ignore the pop-up. Otherwise enter this now and fill in the first and last dates of your charges and the s69 8% interest total.

 

If you have difficulty fitting the POC’s in, try taking out any spaces, punctuation and carriage returns. Do not be tempted to remove any wording.

 

If all else fails, file using N1.

 

Amount claimed: Enter the total of your claim, charges and interest.

Press ‘Calculate’ for the correct court fee.

 

Now save your claim. Your claim is ready to submit but first go back and double check everything. For instance make sure you have entered yourself as Claimant and the bank as Defendant. Ensure that your a/c no, dates and figures are correct. Then proof read the entire claim for typos.

 

(6) The next pages are payment details. You can either pay by Mastercard/Visa credit card or Solo/Switch/Visa Delta debit card. Maestro or Visa Electron is not accepted

 

Cancelling A Claim

If you pressed submit in error and your claim has gone through, you can stop it by contacting MCOL by fax or email before 10am the next woorking day.

 

You must quote your claim number, name and address, who your refund should be made payable to, and the reason why. Your claim will be withdrawn and a refund sent out by payable order.

 

Where MCOL receive notification too late, the claim will be issued and the fee cannot be refunded

 

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to 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. Their name and address will be on page 2.

 

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.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

MCOL Customer Help Desk

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

Fax : 0845-601 5889

 

If you prefer to write your query instead, please contact:

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

or e-mail to customerservice.mcol@hmcourts-service.gsi.gov.uk

 

Finally PM a Mod with details of your claim for the Litigation in Progress forum:

Your name v Bank Name

Claim number: XXXXXX

Issued: xx/xx/xx

Court: MCOLor XXXX County Court

Charges: £XXXX

Interest: £XXX

Costs: £XXX

Total Claim: £XXXXX

 

MCOL Claim Timetable:

 

Once you file your claim, you will see this:

 

Status: Requested

Your claim has been submitted to the court for final validation before being issued.

 

Then, usually a day later, it reverts to this:

 

Status: Issued

Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”. The deemed date of service will be on the Notice of Issue sent to you by the court.

 

The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default.

Status: Acknowledged

If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up.

 

Status: Defence

If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”.

If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so.

If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default.

 

All timescales are calendar days, should the due date fall on a weekend/ bank holiday, they have until the next working day.

 

***31st MARCH: NEW AQ PROCEDURE BY MCOL***

MCOL have started to issue Orders dispensing with the AQ. See here:

 

 

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).

 

 

Credit Reference Agencies: Application Forms

http://www.callcredit.co.uk/download/creditfileapp.pdf

http://www.experian.co.uk/downloads/consumer/cfa.pdf

https://www.econsumer.equifax.co.uk/...ile%209-05.pdf

 

 

*

Edited by Michael Browne
  • Haha 10

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i reckon you deserve an MBE - MICHAEL BROWNE EVERYWHERE!

 

excellent thread!

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Brilliant! You are a genius! We are not worthy!!!!

 

 

Do you have one for people who have got their MCOL's horribly wrong??

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH and Micheal Browne,

 

Is it posible to repost you very helpful and enlightening threads in the the FAQ's or Welcome Forum?

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thanks ... useful

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Hi, my claim has now been aknowledged but where do I find the Bank's solicitors name and address to send my schedule to?

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It will be on page 2 of the Notice of Acknowledgement which the court will send to you in a few days time.

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You are a top man!

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Hello Michael,

 

Just a quickie:grin:

 

If you have used MCOL for your claim, because it is limited, can you then send the court the N1 version of the full pOC. I did that, but don't know if that is correct. I did ask the court and they said send it,


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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No, its highly unlikely that they will allow you to change any of the details of the claim form without a formal application.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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If you have used MCOL for your claim, because it is limited, can you then send the court the N1 version of the full pOC. I did ask the court and they said send it,

If they've allowed it then presumably that's ok. On the other hand if you're going to do that you might as well file at your local court in the first place.

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If they've allowed it then presumably that's ok. On the other hand if you're going to do that you might as well file at your local court in the first place.

 

God how quick are you two.:lol:

 

Thanks for the advice, they did allow it and have not come back to me about it so I will wait and see.

 

Issued my claim on the 8th of Jan and still not got a court date.:confused:

 

I will take on board your advice about filing at my local court for my next claim over mis-sold ppi. Stupid question now, can you do the N1 through the post or do you have to attend personally to file it.


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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can you do the N1 through the post or do you have to attend personally to file it.

Either

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Either

Hello

 

Many thanks


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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nice work MB.

 

cheers!


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Hi everyone.. this is all new to me, but i've sent all the letters to abbey asking for my money back and have now sent notice of court action, they have until april 24 to give a defence. So hopefully i could get some of my money back!!! Will keep u posted on the outcome!

Kim

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(MBE) Must Be Exterminated


"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Michael thanks you have been a great help.

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Hope I'm not hi-jacking here, but wanted some advice about interest charges to claim against HSBC.

Have done alll reading and decided to go for contractual, in NI form (as in prelim and LBA) offering 3 alternatives to the court, unauthorised (currently 18.3%) authorised (not sure about this yet / have to phone for figure) or failing that then the standard 8% Am claiming back for just over 6 years (aware of S of L etc) but 9 months ago my account was uprated to Bank Ac Plus with lower od charges (15.6%) Seems a lot of work to produce another 2 schedules just for last 9 months....and was thinking of leaving it all at one rate and refining if necessary at response to their defence stage...

 

Any advice ??

 

Thx

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Ok ..thanks M

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Hi all

can anyone tell me what i need to make up the court bundle??

thanks

Kim

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