Paz6669 vs HSBC

[paz6669]

i know i have to wait until the 14 days are up before next step, i have just been reading the guide and a little unsure what to do next and if to start it yet?

 

sorry for being a newbie

[HSBCrusher]

try my moneyclaim link in my signature.

also paz... take a look at the step by step, this is how your claim will run.

[paz6669]

so do i start preparing this now or wait till 14 days are up on LBA?

[nettyg]

start filling in your details now - you can pop in and out of mcol to change things right up until you press the submit button.

[paz6669]

when filling in mcol it says "claimant details" this is all hsbc,s details i take it and the address that i have been sending the letters?

[nettyg]

you're the claimant. hsbc is the defendant. hope this clarifies!

[jowalshy]

Just remember you are claiming agains HSBC therefore you are the claimant. HSBC have to defend your claim therefore they are the defendant.

[paz6669]

What should you put in the "particulars of claim" box?

[nettyg]

give me 2 minutes paz and i'll send you mine as an example

 

found them! i'll pm them to you.

 

i won't post them here otherwise unscrupulous peeps will come and steal them without doing their homework lol

[paz6669]

With this 8% when filing the MCOL is that add 8% on too the whole claim?

[jowalshy]

You add the 8% interest on to the total charges figure. Don't forget to calculate the daily interest rate (total charges x 0.0002)

[paz6669]

today is the 14th day after my lba can someone just explain next step

[pinkduchess]

time to file your claim with the court. if you have been on the MCOL site & been preparing it - its time to press the submit button!! (when you're happy all details are correct of course)

[oyster11]

Hey Paz

 

NOW the FUN Starts!!!

 

If you've given them the 14 days after the LBA then just go straight to MCOL. You've already demonstrated that you've attempted to sort is out reasonably so whatever happens next is on their own heads.

 

I would strongly recommend you read through this a couple of times it is step by step you will have all the information to hand this has to the easiest bit so far in the process just follow the instructions, then relish in the fact that you have rolled your sleeves up and about to get stuck in to them.

 

Money Claim On-Line (MCOL) Particulars of Claim

 

In the meantime see here to prepare filing a claim:

Getting MCOL Right

 

 

Oyster

[lateralus]

if your claim is all ready to go - just make sure you have enough money to pay (wouldn't do to get a charge on the court filing payment - just too much irony) and submit. the court charge will become part of your claim.

so, any last minute questions - you file when you are ready and have your claim ready. that link above - getting mcol right - is very thorough and gives a good step by step for filling it out.

 

you'll feel you've taken a giant leap when you press the submit button - you are taking on the big boys - and it will never get to court - they will offer before then - so just follow the plan.

 

after you've submitted your claim - you'll get paperwork from the court telling what day they served the claim - that is day 1 to count from. they have 28 days to defend.

 

and you will send copies of your breakdown to the court and to the solicitor - it's in that same link again.

[paz6669]

right i have just finished my MCOL and all saved my court fee is just over £120 so before i pay this u guys and girls think its a wise move?

[lateralus]

your court fee is just over £120? should be spot on £120.

and is it a wise move - you want your money back don't you - you'll get your money back and the 120 as well. so go ahead - hopefullly you are approx. 6-7 weeks from getting it all back

[paz6669]

do i need a solicitor in place?

[lateralus]

absolutely...............................................................................NOT!

[paz6669]

so once i file this MCOL that should be it apart from all the forms i fill in and send back?

[lateralus]

not really forms - just cover notes to use for sending your breakdown to the court and to dg;

 

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

[Castlebest]

Paz just do it, I promise you wont regret it when its over

 

pete

[paz6669]

Right guys & gals i have submitted my MCOL !!!!

[pattacake]

Paz6669 THANK YOU! been asking and asking about this one n i think youve answered it.I take it u totalled all your interest charges-then your total charges and are claiming for those? no one seems sure of this but i couldnt see why we couldnt do that.shall start on that this evening now.

[paz6669]

so the above that LATERALUS has posted is the letter i know send to MCOL?