MCOL

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Revision as of 19:48, 16 June 2007 by Mbrowne (talk | contribs)

GETTING MCOL RIGHT

If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

You can download N1 here:

N1 pdf

and POC's for the N1 here:

N1 Particulars of Claim

If you are on benefits, you may be eligible for exemption from court fees. You can only apply for this at your local court using form Ex160.


Claiming via MCOL

If you register at MCOL you can fill in the claim forms in advance (all fairly straightforward).

At any time you can save what you've done. Each time you complete a page, it is automatically saved and there is a ‘Save’ button on each page. You can then ask about anything you're unsure of on your thread.

When you log on again, you can delete or amend anything if necessary and carry on. Your claim isn't filed until you hit the final 'Submit' button and pay the court fee. Any part filled claim form is saved for 28 days.

This means that you can prepare the claim for filing several days in advance, taking your time to make sure you get it right.


First read the Money Claim On-line guide here:

MCOL Claimant User Guide


This is where you start your claim:

Moneyclaim Homepage

1.On the Home Page click on ‘I am a new claimant’. On subsequent visits click on ‘I am an existing claimant’

2. On the next two pages are information and instructions, including how to save and print out a copy of your claim, which you should read carefully. Don’t be tempted to skip these.

3.Fill in the ‘Log In Registration Details’. Before you do anything else, make a note of these. You will need your Customer ID and Password to log on in future.

4. Optional Registration Details: All these are, well, optional.

5. Registration Confirmation of your Customer ID.

6. Log on with your Customer ID and Password. (You did note these, didn’t you?)

7. Claim Menu: Click on ‘ Start a New Claim’. On subsequent visits click on ‘Continue with an existing claim’

(1) Claim Notes: Again read these carefully

(2) Claim Description: Enter any title you like for your claim e.g. ‘NatWest Penalty Charges’

(3) Claimant Details: Your name and address

(4) Defendant Details: The bank’s name and address of their registered office. You may be asked to confirm the post code by clicking on ‘Look Up’ and confirming their address

(5) Claim Details: Type in your Particulars of Claim. See here: MCOL Particulars of Claim

Click No to Human Rights and Yes to claiming interest.

If you have already included the s69 paragraph in your POC’s, you can ignore the pop-up. Otherwise enter this now and fill in the first and last dates of your charges and the s69 8% interest total.

If you have difficulty fitting the POC’s in, try taking out any spaces, punctuation and carriage returns. Do not be tempted to remove any wording.

If all else fails, file using N1.

Amount claimed: Enter the total of your claim, charges and interest. Press ‘Calculate’ for the correct court fee.

Now save your claim. Your claim is ready to submit but first go back and double check everything. For instance make sure you have entered yourself as Claimant and the bank as Defendant. Ensure that your a/c no, dates and figures are correct. Then proof read the entire claim for typos.

(6) The next pages are payment details. You can either pay by Mastercard/Visa credit card or Solo/Switch/Visa Delta debit card. Visa Electron is not accepted

Cancelling A Claim

If you pressed submit in error and your claim has gone through, you can stop it by contacting MCOL by fax or email before 10am the next woorking day.

You must quote your claim number, name and address, who your refund should be made payable to, and the reason why. Your claim will be withdrawn and a refund sent out by payable order.

Where MCOL receive notification too late, the claim will be issued and the fee cannot be refunded


After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing. So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:



The Court Manager,

Money Claim Online

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. Their name and address will be on page 2.



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.

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph in italics) I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court''.

Yours sincerely,



MCOL Customer Help Desk
The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on: Tel : 0845-601 5935 Fax : 0845-601 5889

If you prefer to write your query instead, please contact:
Money Claim Online
Northampton County Court
21-27 St. Katharine's Street
Northampton
NN1 2LH

or e-mail to customerservice.mcol@hmco urts-service.gsi.gov.uk

Finally PM a Mod with details of your claim for the Litigation in Progress forum:
Your name v Bank Name
Claim number: XXXXXX
Issued: xx/xx/xx
Court: MCOLor XXXX County Court
Charges: £XXXX
Interest: £XXX
Costs: £XXX
Total Claim: £XXXXX

Claim Timetable:
Your claim will generally be deemed served 5 days after filing . The deemed date of service will be on the Notice of Issue sent to you by the court.

The bank will have 14 days from the deemed date of service to acknowledge. If they do, a Notice of Acknowledgement will be sent to you

The bank will then have an additional 14 days in which to file a defence, ie a total of 28 days from the deemed date of service.

Once the bank has filed a defence, your claim will be transferred to your local court who will send you a copy of their defence and an Allocation Questionnaire which you fill in and return within 14 days.

All timescales are calendar days, should the due date fall on a weekend/ bank holiday, they have until the next working day.

***31st MARCH: NEW AQ PROCEDURE BY MCOL***
MCOL have started to issue Orders dispensing with the AQ. See here:

New---after 28 Days--Maybe No AQ

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK). The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).