Getting MCOL Right

[loolabelluk]

Hi first time posting and new to website

 

Have reached the MCOL stage and today received the Notice of Acknowledgement - I have therefore used the template supplied on here to send to BARCLAYS litigation department.

 

However it is unclear to me as what I am sending a copy of? Is it a copy of the schedule of charges (POC) or a copy of the 'Notice of acknowledgment'

 

Thanks in advance of any help

Emma

[why!!!!!!]

Hiya

you send a copy of your schedule of charges to the bank.

claire

[loolabelluk]

Thanks Claire - printing off as we speak!

 

Emma

[Aitchy]

Hi Michael,

 

Can I request that you add an additional field to this page?

 

In the Claimant Details section you do not mention that there is a field entitled "Service Address for sending documents and payments" under the address details section.

 

For those based in Scotland this is very important (as I have found out to my cost).

 

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.

[Michael Browne]

Done. Cheers for that.

[Hulmey14]

Just submitted MCOL with your kind help. Confident wording etc is okay but just a bit confused where i know send my schedule of charges to be attached to my claim.????

[why!!!!!!]

hi hulmey14,

its this bit you want next.

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:

 

 

Quote:

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.

 

 

Quote:

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,

 

 

hope it helps

claire

[Hulmey14]

cheers

[Tararabumdiay]

Change of Plan - I am not completing the N1 form and have I have copied your Particulars of Claim. If I have been offered a partial settlement by A & L, where shall I state this on the Particulars of Claim?

 

I am claiming £4991 plus interest and was offered £1636 in full and final settlement which I turned down.

 

I am assuming I need to state this somewhere for the Court, but I'm not sure where!

 

Many thanks,

[Michael Browne]

I am not completing the N1 form

 

I strongly advise you to file using N1 and not via MCOL, but it' s your choice

 

If I have been offered a partial settlement by A & L, where shall I state this on the Particulars of Claim?

 

You don't need to

[shane5408]

Change of Plan - I am not completing the N1 form and have I have copied your Particulars of Claim. If I have been offered a partial settlement by A & L, where shall I state this on the Particulars of Claim?

 

I am claiming £4991 plus interest and was offered £1636 in full and final settlement which I turned down.

 

I am assuming I need to state this somewhere for the Court, but I'm not sure where!

 

Many thanks,

 

Hiya,

 

I to would suggest an N1 over MCOL, it gives you so many more options. a lot of cases are being thrown out by judges simply because claimants are entering draft orders and motions (all of which are in the templates library of CAG) I don't think MCOL allows you to do this.

[Tararabumdiay]

I have taken your very useful advice and now filled in the N1 & your very detailed POC and printed out the 2 page N1 form and the 4 page POC.

 

Is there a standard cover letter that I need to address to my local County Court to send with the documents? At what stage do I pay the £120.00? Do I send a cheque with the documents?

 

I assume I will receive a Claim number once they receive the documents.

 

From posting this, which I will hopefully do Monday 23rd, to going to Court, how long does the process normally take?

 

We are on holiday for a week from 17th August and I am wondering whether I should mention this somewhere in a cover letter?

 

Many thanks,

[shane5408]

I have taken your very useful advice and now filled in the N1 & your very detailed POC and printed out the 2 page N1 form and the 4 page POC.

 

Is there a standard cover letter that I need to address to my local County Court to send with the documents? At what stage do I pay the £120.00? Do I send a cheque with the documents?

 

I assume I will receive a Claim number once they receive the documents.

 

From posting this, which I will hopefully do Monday 23rd, to going to Court, how long does the process normally take?

 

We are on holiday for a week from 17th August and I am wondering whether I should mention this somewhere in a cover letter?

 

Many thanks,

 

Hiya,

 

you will need to send payment together with the form. i would suggest filing in person though and paying in cash otherwise the claim won't be filed until after the cheque has cleared. ( 5 working days)

 

There isn't a specific covering letter you have to send, technically you don't even have to send one. i would advise a simple letter along the lines of please see enclosed for moneyclaim, i have included payment by cheque etc.

 

Don't forget to submit 3 copies of each document, ie n1 form + schedule of charges and if you haven't already done so, send an up to date copy of the schedule of charges to the defendant.

 

In regards to your going on holiday i'm not entirely sure, was never in that situation myself, i'm sure someone will post some advice shortly for you.

 

As to how long it takes once the claim has been filed with the court copies will be sent to both you and the defendant who then has 14 days to respond.

[loolabelluk]

Morning all

 

Its me against Barclays!

 

Mcol issued 21/6/07

served 26/6/07

acknowledged 28/6/07

so they had until today to defend right?

 

I was wondering then, why I am unable to file 'judgement by default' online this morning. Is it to the minute that I originally filed the claim? If so how do I find that out.

 

Is it unusual that they have not defended at this stage?

 

Any advice would be gratefuly received.

 

Emma

[shane5408]

Morning all

 

Its me against Barclays!

 

Mcol issued 21/6/07

served 26/6/07

acknowledged 28/6/07

so they had until today to defend right?

 

I was wondering then, why I am unable to file 'judgement by default' online this morning. Is it to the minute that I originally filed the claim? If so how do I find that out.

 

Is it unusual that they have not defended at this stage?

 

Any advice would be gratefuly received.

 

Emma

 

Hi Emma,

 

They have up until the end of close of business today to respond I believe. I know that a lot of creditors wait till the last day to submit their defences. Purely a delaying tactic on their part as they know you have them between a rock and hard place. in fact they are most lilely to file an acknowledgement of service which will then give them another 28 days!

 

I have lodged 3 claims against barclays (Monument, Solution Finance credit cards) and in my cases they did not respond to my claims at all, i sent in my requests for judgement and they paid up! Lets hope you have the same luck!

 

It is also worth mentioning that County Courts are not always up to date on their paperwork, that is to say they may be working a few days behind. all lthis means is that a defence might have been received from the defendant and the court has not logged it yet. I would suggest calling the courthouse later on today just before they close and asking if any defence has been received and how many days behind they are working. I've never used MCOL before, always used N1 form but i would assume you could press the judgement button tomorrow or maybe even at midnight!

[loolabelluk]

Thanks Shane

 

They already acknowledged, so this is their 28th day if you like...I will keep on trying..knowing my luck the courts are behind and it will be looming somewhere!! : )

[why!!!!!!]

Hi Loolabell,

Any joy with the defence?

Before you enter judgement by default please take a look at this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13 it could save up to a four week delay in your claim. It gives you the option of sending a letter giving them 7 days to respond to your claim.

More than likely as shane has said the defence has been received and not yet been entered onto the mcol system.

Hope this helps.

claire

[loolabelluk]

Hi Claire

 

I called MCOL and they advised that they have until the end of the 28th day (ie midnight) before the system will allow me to enter judgement by default. So I signed on this morning and it still shown as acknowledged. Therefore I simply filled out the online form (5 steps) and just sitting it out.

I wonder if with all the floods that the courts and banks/post etc are all delayed and that there will be a reverse made.

 

Actually whilst typing this I have signed on again and in the 'status' it now says defence 21/6/07, and in the start field it says 'judgement 25/7/07......how can it be defended before it was even served!?

 

Just my luck...oh well just have to wait and see what the defence says.

[loolabelluk]

Well they definately defended! I have today received 'notice of transfer proceedings' so it will be transferred to Reading. District Judge Murdoch. It does say that the allocation questionnaire be dispensed with in this case unless the DJ at the court of transfer orders therwise. BUT I still have to pay the allocation fee.

"Please note that the allocation fee will be due on all claims over £1500.00. This must be paid to the court of transfer within 14 days of the date of dispatch of the notice off allocatoin to track. This fee is payable even if the case settles before the hearing and must be borne in mind when reaching any settlement." Date order drawn 27/7/07.

 

I thought that all claims had been halted - what should I be doing now..help!

[Michael Browne]

See here:

OFT Test Case: Advice on What to do

OFT Test claim: What this means for you

 

OFT v The Banks: Read This if You're Worried

OFT v Banks - **Don't panic!!!**

 

and then start your own thread in the Barclays Forum. You'll get all the advice you need there:

BARCLAYS BANK

http://www.consumeractiongroup.c o....barclays-bank/

[loolabelluk]

Thank you

[miss-bonkers]

Hi all

i informed the courts 3 weeks ago that i would be unable to attend court on august 14 as i would be away and sent them proof, but they wouldnt give me an answer as to what would happen next, eventually i asked about my court bundle and they said to send it to the courts now , which i did yesterday but i'm still unsure whats going on...any ideas gratefully appreciated!!

Kim

[why!!!!!!]

Hi miss

I was due to attend a directions hearing in cardiff back in march along with quite a few other people, the same is happening in your case see here http://www.consumeractiongroup.co.uk/forum/barclays-bank/92371-cardiff-directions-hearings-post.html the banks tend to start paying out about a week before the hearing. There is a part in the link i gave you that says you could have given written representation 7 days before the hearing if you were not to attend. There is also info at the end for claims on the 14th august that are being stayed.

take a look it may help you.

Hope it does.

claire

[vmac]

It's March 16, 2011 and I have just received an 'alert' that there is a new message in the Forum under the thread related to MCOL and bank charges - the addition is dated, 4th March 2007 23:00, approx four years ago - ? Thoughts anyone ?

 

VM