Paul9803 vs Nationwide

[paul9803]

Okay , thanks that makes sense. On we go !!!

[paul9803]

Okay , on to the next stage - LBA sent today oh and received the standard " sorry your not happy but tough titty " letter from them in response to the Prelim . ha ha ha

[lori1]

yes paul that is the way to go.....your doing just fine xx

[paul9803]

Hello Lori !!! Thanks for that .x

[paul9803]

Just a quik question , I'm claiming charges on a joint account and all letters sent have been sent with both signatures on . Sooo now i'm filling out the court form on MCOL - can i go ahead on my own as ther is no facility for joint names etc. - or doesn't it make any difference

[paul9803]

Also , am i to use the template in the library for my MCOL ?

[GuidoT]

As long as you have sole authority to operate the account you can claim in your name only, i.e. you can sign a cheque without the signature of your partner.

 

I would file using the traditional N1, as it is a joint account you may struggle fitting in the words in MCOL. N1 is better anyway (as you can attach the charges schedule) see here for completion:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[paul9803]

Hi can anyone tell me the pros and cons of MCOL against N1 , or is it that Mcol is online and N1 you have to take to court yourself . ( the fee is the problem -do i still have to pay the fee with the N1 at court when i hand it in ? ) Cheers in advance :confused:

[lori1]

hi paul and yes you do i'm afraid, unless you are receiving bebefits and then you may be exempt. x

[paul9803]

oh poo , ok thanks lori.xx

[lori1]

lol, very well put!!xx

[paul9803]

Hi all , Have just got a bank statement for last month , and 90 pounds of bank charges !!! . Can i add this to the claim if so how do i do it . Anyone got any ideas ? . Cheers , Paul

[julien35]

Hi Paul..

 

I asked this question a few weeks back and the answer is.. you can add charges on right up to filing in court.. you just add them onto your spreadsheet

[MilkTrayMan]

Hello paul9803!

julien35 is quite correct.

Also...

If U incurr any further unlawful Penalty Charges etc AFTER the date that U submit your Claim at Court, U will have to wait until that Claim has concluded and then start again from scratch, to re-claim any other NEW Charges that have been debited from your account since the initial submission.

[paul9803]

Hi Milktrayman , i see what you meen about the extra charges , but to put you in the picture - Just about to do the MCOL and i have received latest statement saying 90 pounds will come out 21 days from date of statement . So - if i file the MCOL now can i add the extra 90 pounds on the spread sheet using the statement date ( by the time the defence and standard 28 days wait is up , i will have had the 90 pounds deducted from the account ) ----- Hope this makes sense , what does anyone think ? :confused: :confused:

[elmo73]

Yes just add them on, i did and got them, good luck

[paul9803]

OKEY DOKEY ELMO . I'll give it a go. cheers

[paul9803]

Well , Finally got the money for the MCOL and did that tonight , so now i sit and wait for someone to reply ,,,, i think . Also , I printed off 2 spreadsheets and a cover letter ( found this on lori's thread - thanks,x ) and will registered post this tomoz to the court manager .

Is there anything i have forgotten ? anyone know of ? Thanks

[lori1]

Hi paul, and you seem to have everything covered x

[GuidoT]

Just to be sure 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 faithfully

 

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

[paul9803]

Hi Lori1 , Thanks .

[paul9803]

Hi GuidoT , Thanks for the info , i have got the letter ready to post to the court manager with 2 copies of schedule. But i'm not sure what address to send the bank's solicitors copy to. do you know ? Cheers , Paul .

[GuidoT]

As post 45 you will receive a Notice of Acknowledgement and that should (although sometimes it does not) contain an address for service of the schedule.

 

You should receive that in about 2 weeks time, meantime send the copies to the court.

[paul9803]

Okay thanks GuidoT , posted the copies on the 8th , received notice of issue now waiting for notice of acknowledgement . tick tick tick!!!

[paul9803]

Update ,

 

Have not heard anything from Nationwide or Court since notice of issue was received . Deemed served on the 13th May , they have until 27th May to reply . When they do reply , do they have 14 or 28 days to sort out their defence ? Anyone know? :rolleyes: