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Hi, I need some help please!


chapron13
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Apologies if this is a long post.

 

I filed an MCOL on 15/3/2007 and I noticed too late that I had made a mistake and written the following :-

 

"the defendent from 15/3/2007 to present day has applied charges to the claimants account etc."..... of course I should have put "the defendent from 15/3/2001 to present day has applied charges etc."

 

When I realised what an idiot I had been I posted a thread on the welcome forum and somebody very kindly suggested that I wait until I saw HSBC's defence and then file an N244 if need be.

 

Well, today I have had the paperwork from Northampton and HSBC's defence is the usual one that everybody seems to get. I am a born worrier though and I can't help wondering if they haven't mentioned it till it comes to settling the claim and that when they do, they will bring up the dates thing then and only settle for the charges from the day I claimed?

 

Do you think that I should send an N244 to the court just to be on the safe side? Like I said I'm a born worrier and I nealy didn't claim because of it but reading the threads on here gave me the confidence to have a go.

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Might be worth getting in touch with MCOL and seeing what they say.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Hi Chapron.

 

Do you think that I should send an N244 to the court just to be on the safe side?

YES. as soon as possible. If you leave it, you could jeopardize your claim.

 

Regards, Rooster.

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Well first thing's first, you can ask for the defence to be struck out, as it is a generic defence which does not relate specifically to your claim.

 

You can try calling the court to explain your typo. Nothing to lose..

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Would asking for the defence to be struck out on those grounds hold up?

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Thanks for that Rooster and Gez. When I filed I did send a longer version of the POC and ask that it be filed with my claim (also sent a copy to DG along with spreadsheet). Shall I just do the N244 to make that longer version of the POC official?

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I wouldn't worry about sending an N244 just yet. If the court think there is a problem then they will inform you with plenty of time. Also DG didn't notice the error and haven't mentioned it in their defence. Hang in there and it will work out. :-)

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Yes. The spreadsheet has got a full breakdown of charges with dates description and amount. And the the right dates are on the full POC that I sent to the court and DG after the claim was asknowledged online.

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I think you have strong enough ground to wait, fortunately you sent in a back up POC which is now included in with the court documentation and your claim schedule details the correct dates so the typo on your MCOL is obviously a typo.

pete

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I have spoken to the court this morning and explained the problem and the lady that I spoke to didn't give me much confidence. I asked her if I should send in an N244 and she didn't seem to know what that was. When I explained she said I could if I wanted to. Then I told her that I had sent in a more detailed POC and she said that that had been accepted into the court paperwork and therefore I should be ok.

 

Will there be a point at which I can enter the N244 if I need to or should I do it now just to be safe? AQ has been dispensed with and the paperwork is with the district judge for his consideration.

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