Moneyclaim

[southernscouser]

Hi guys, I've read through everything but can't really find the answer to a couple of questions.

 

Firstly I sent my "Letter Before Action" letter on May 31. They replied on June 2 saying "I have alerted our lawyers and litigation department accordingly blah blah!"

 

 

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Now I gave them 14 days as stated above, but as they have responded and refused do I still have to wait until the 14 day period is up until I go to moneyclaim?

 

The second question I have is when filling in the excel spreadsheet. In the left hand column (in respect of) do I just enter it as it appears on my statements because sometimes it says charges, sometimes paid referral fee?

[cheddar]

You don't have to wait for the 14 fdays you can do it now and i don' see why you need to separate the different charges on the Sheet but I did but thats just me! LOL!

[southernscouser]

You don't have to wait for the 14 fdays you can do it now and i don' see why you need to separate the different charges on the Sheet but I did but thats just me! LOL!

 

Thanks cheddar.

 

What I meant was on the spreadsheet it says either "cleared transaction" or "unpaid chq charge". Do I leave the appropriate one in the box or type my own?

[southernscouser]

OK I'm on the moneyclaim website but I'm a bit lost! :?

 

I'm at the stage of entering my "particulars of claim". So far I've put,

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I calculate that I am owed £777.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22nd December 2001 to 8th June 2006 of £268.63 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

Can someone advise what I put in here? :?

[mountainofdebt]

Good to see you on these boards....a case of you can run but can't hide eh????

 

Anyway the daily interest (as was pointed out to me!) is worked out by multiplying the capital by 8% and then dividing the answer by 365.

 

 

So the formula in your case is (777 x 0.08)/365 - sorry haven't a calculator to hand.

 

Just a quickie though I would add your account number somewhere in your blurb as Natwest solicitors reckoned they couldn't identify the account in their defence.

[Michael Browne]

Daily rate of 0.17

[southernscouser]

Good to see you on these boards....a case of you can run but can't hide eh????

 

Anyway the daily interest (as was pointed out to me!) is worked out by multiplying the capital by 8% and then dividing the answer by 365.

 

 

So the formula in your case is (777 x 0.08)/365 - sorry haven't a calculator to hand.

 

Just a quickie though I would add your account number somewhere in your blurb as Natwest solicitors reckoned they couldn't identify the account in their defence.

 

Hello mate, hows it going?

 

I've just done my claim. No turning back now! :o

 

How are you getting on? What stage are you up to?

[southernscouser]

Daily rate of 0.17

 

Thanks for that mate. I'd have been here all night trying to work it out!

[mountainofdebt]

 

How are you getting on? What stage are you up to?

 

Am claiming £2130 plus the usual......got offered £1200 but turned it down and since then have heard nothing....completed court transfer allocation last friday.

 

 

Happy days eh,lol???

[southernscouser]

OK submitted my claim through moneyclaim on Friday 9th (very exciting I must admit! ). On the website it says 'Status of this claim - Issued'. However I'm pretty sure it said that as soon as I clicked the submit button.

 

It then goes on to say 'Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.'

 

What I was wondering was, does it tell you when Natwest has been served with my claim?

[barracad]

does it tell you when Natwest has been served with my claim?

 

There's not any way of actually knowing the exact date they receive it as it is sent through the ordinary post.

 

It will tell you if/when Natwest acknowledge the claim.

[southernscouser]

There's not any way of actually knowing the exact date they receive it as it is sent through the ordinary post.

 

It will tell you if/when Natwest acknowledge the claim.

 

Do you know how the below is enforced then?

 

The Defendant has 14 days from the date they are served with the claim, to reply.

[barracad]

As the claim is sent through First Class post it will be "deemed served" after 2 days.

 

It's no guarantee they've definitely received it, but will be when the courts assume it has been delivered.

[mountainofdebt]

As far as I can remember that far back with my claim, you should get a letter from the court in the next few days confirmng the date of issue. The letter will also state the date that it is deemed to have been served, usually about 5 days after it was issued.

 

This date (ie the date it was deemed to be served) is then used as a base date for all future action.

[southernscouser]

As the claim is sent through First Class post it will be "deemed served" after 2 days.

 

It's no guarantee they've definitely received it, but will be when the courts assume it has been delivered.

 

So I'll assume tomorrow then to take into account the weekend! Thanks very much mate! I'm actually quite nervous now!

[jubbit]

Also, when you get a copy of your claim in the post, the court will say your claim was issued on xxx date, the court sent it to the defendant on xxx day and it will be deemed to be served on xxx day - so they'll tell you the actual date.

 

They are very generous (to the defendant) mind you, mine was issued June 7th and deemed to be served June 12th! Natwest was able to receive & issue an acknowledgement before the actual 'deemed to be served' date was up!!!!

[southernscouser]

Also, when you get a copy of your claim in the post, the court will say your claim was issued on xxx date, the court sent it to the defendant on xxx day and it will be deemed to be served on xxx day - so they'll tell you the actual date.

 

They are very generous (to the defendant) mind you, mine was issued June 7th and deemed to be served June 12th! Natwest was able to receive & issue an acknowledgement before the actual 'deemed to be served' date was up!!!!

 

Ha ha! Thats quite amusing.

 

So when they send the papers through the post are they in 'court marked' envelopes as I'm trying to keep my finances hidden from my folks (buckets full of debt ) ? :-|

[southernscouser]

As far as I can remember that far back with my claim, you should get a letter from the court in the next few days confirmng the date of issue. The letter will also state the date that it is deemed to have been served, usually about 5 days after it was issued.

 

This date (ie the date it was deemed to be served) is then used as a base date for all future action.

 

Cheers ears! (we need a thanks button )

[jubbit]

oops, seems I was writing mine the same time Mountainofdebt was saying the exact same thing! N'mind.

 

Quote: So when they send the papers through the post are they in 'court marked' envelopes as I'm trying to keep my finances hidden from my folks (buckets full of debt ) ? :-|

 

It's a plain brown envelope marked private & confidential with a Northampton PO Box on the back, no mention of a Court, so as long as the folks don't open your post you should be alright!

[southernscouser]

It's a plain brown envelope marked private & confidential with a Northampton PO Box on the back, no mention of a Court, so as long as the folks don't open your post you should be alright!

 

Wahoo! :D

 

Thanks very much!

[mountainofdebt]

I thought the envelope did state a return address of Northampton County Court.

 

SS - if your parents do ask then I would tell them that you are reclaiming bank charges....its been in the press so much now I would be more surprised if people DIDN'T start the process of reclaiming.

 

You don't have to mention anything about debts.

[jubbit]

I thought the envelope did state a return address of Northampton County Court.

 

Nah, still got mine in front of me as only got it over the weekend & no mention of Court - unless they use different envelopes - as you say though, no need to tell your parents about the debt side of it, even if the envelope does say otherwise!

[southernscouser]

Mine arrived this morning and luckily just a plain brown envelope with P&C on the front! On the back it was a PO Box number!

[jubbit]

Going to burst your bubble now.... got another one today to advise Natwest had acknowledged my claim - this one did have the court's name on it! Sorry SS!

[southernscouser]

Going to burst your bubble now.... got another one today to advise Natwest had acknowledged my claim - this one did have the court's name on it! Sorry SS!

 

Doh!

 

Oh never mind. I suppose I could just tell them! Just can't be bothered with answering all the questions! :-|