Confused - How to submit MCOL post part payment

[minnienee]

Please help. I am a little confused on how to complete the MCOL when Lloyds have already paid me £750 as a part settlement. How does this effect the amount owed/claimed vs the 8% interest I am requesting on court submission? I have copied my claim below...pse can someone give me any advice on what I should do to finish the claim correctly!

 

The Claimant has an account XXXXXX with

the Defendant, opened 26/7/93. From

03/10/00 - 29/9/06 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 £3,465.59 minus £750 (£2,715.59)

already paid by the defandant in Dec 2006;

(b) Interest per S.69 County Courts Act

1984 of 8% totals £947.01 (less £750 already paid)

continuing at 8% until

judgment or settlement at a daily rate of

£0.76; 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.

[GuidoT]

No need to show the £750, just use your lower figure of £2,715.59. MCOL is restricted in terms of the number of words anyway so it probably would not fit in.

 

Regarding the interest this will reduce, you should deduct the most recent charges that equate to the £750 (this will probably mean one charge will be partically claimed).

 

Show these adjustments on your schedule of charges, but see below.

 

In case you are not aware and when you file 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

[BankFodder]

Best not to use MCOl at all

[The Capitulator]

Hi Minni, Guidot

Just my thoughts -would like this to be confirmed by Vamp's or other in the know, but I have seen lots of ways of dealing with the partial payments on different threads for submitting / resubmitting claims.

 

When I received a partial payment a while back I simple put the figure into the existing saved spreadsheet as a new entry but put it in as a negitive figure i.e.

Date, repayment, -647.00

this seemed to work well and I sent it off as a new claim figure.

 

Would of course like some others to try this out and comment

 

regards

 

Carl