Particulars Of Claim(Money Claim)

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IMPORTANT NEW INFORMATION - Updated 1st May 2008

Warning


We do not advise that claims be filed through MCOL


MoneyClaim is no longer appropriate as the arguments in support of your claim are too long.


You can still use MCOL if you want as a placeholder but you will have to supply supplementary information once the stay's have been lifted.


Please see the N1 particulars template for better details.


We would strongly suggest that you file your claim by using the N1 form - this can be sent, or handed in personally at your local County Court. This method allows for a much more detailed particulars of claim, and a list of charges can be attached.


However, the most important thing is to begin you claim


NOW!


PLEASE NOTE ALL CLAIMS ISSUED VIA MCOL WILL NOW BE AUTOMATICALLY STAYED


USE N1 FORM TO FILE IN YOUR LOCAL COURT


THIS CAN BE DONE VIA POST


Please be advised that courts are frequently threatening to strike out claims filed by MCOL. This is due to the shortened particulars of claim, and because a list of charges cannot be included.


If you do decide to use MCOL, it is absolutely essential that you follow the advice given below to the letter - and that you respond immediately to any Order made by the court, in relation to your claim.


STOP!!!
If you have not already sent a full schedule of charges and overdraft interest to your bank then
STOP!!!


  • Take no further action until you have remedied this.

Below is a Moneyclaim template. However do not just copy it out slavishly.

Make sure that the claim statement is suitable for your particular case. This means that you must modify it if you need to.

If you are unable to fit your claim in within the 'character' or 'line' limit constraints of MCOL, then you must use a paper form N1 and begin your claim at the Court across the counter.

The maximum number of characters permitted in the text is 1080 and must also fit on no more than 24 lines of text.

Do not compromise your claim simply because you prefer to use Moneyclaim.


Your claim must contain at least the following information:


  • Your account number
  • Date account was opened
  • The date from when your charges began
  • That you have already supplied a schedule of charges
  • That you will be supplying a further copy
  • That the defendant has levied charges and interest
  • That the defendants contractual term which allows charges is unfair and contrary to common law
  • Total amount claimed
  • Section 69 statutory interest statement
  • The alternative argument - S.15 Supply of Goods and Services Act 1982
  • Costs

This is the minimum information which you must include whether your claim is made online or over the counter


Remember

If you have not already sent a full schedule of charges and overdraft interest to your bank

then

STOP!!!


MoneyClaim Template

1. The Claimant's account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of contractual breaches. 3.Defendant has received a list of charges. Another copy will be sent. 4. Either (a) The charges exceed the Def's losses caused by the breaches contrary to Common Law; or (b) The charges are unfair and unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999. 5.Claimant seeks: (a)return of sums debited- £XXXX ; (b)Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx  ; 6. Permitted costs.


Notes On Completing The Form

All parts in red must be changed to your own details, i.e.;

  • account 1234567 - this is the account number to which your claim relates
  • opened May 2000 - Put the date the account was opened. If you are unsure of the specific date then you can just put the year, for instance
  • Since 01/02/03 - the date from when your charges begin (or the date of the first charge that you are claiming for if different
  • return of the amounts debited of £XXXX; - This is the total of your charges, plus the overdraft interest if you are reclaiming these.
  • S.69 County Courts Act of 8% - £xxx - This is the total of the 8% interest calculated by the spreadsheets on our site. Enter the total at the date of the court claim.
  • at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022
    • For example,
    • £1,429 in charges
    • £27.40 in overdraft interest
    • Total £1,456.40
    • 1466.58 x 0.00022 = 0.32 - This would therefor be £0.32p on a daily basis.

Please ensure you do your own calculation based on your totals

  • Finally, the section in blue [enter interest total at date of claim] is for guidance only and should NOT be included in the text of your claim.


Once you have submitted your claim an option will show;

Judgement by default or by Admission

You need not click either of these yet - you should wait the 28 days for the defence and then read about default judgements in the FAQS.

After a couple of days you will receive a NOTICE OF ISSUE from the COURT. You do not need to do anything with this except check its correct and file it with your claim notes.

Next Step

Once you have submitted your claim by MCOL you need to send your schedule of charges to the court to be served with your claim.


Amend as necessary.

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,

[YOUR NAME]



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Page Created By Me01273 02:56, 27 June 2007 (BST)