When to use "warrant" with Money Claim Online?

pookie_rabbit

Hi - first must admit this isnt anything do with bank charges but hoped people on this forum may be able to help due to experiance with Money Claim Online.
I have recently been involved with a MCO case which the judgement was "issued" by default on the 26th of August against a large petrol company. I chose for payment to be imediate but have no heard anything from the company involved as yet (2 weeks). I am just wondering what the form is before I choose to start the warrant process online. How long should you normally leave to allow for payment and what are the disadvantages (if any) of going down this route?
Thanks

natweststaffmember

pookie_rabbit wrote: »

Hi - first must admit this isnt anything do with bank charges but hoped people on this forum may be able to help due to experiance with Money Claim Online.
I have recently been involved with a MCO case which the judgement was "issued" by default on the 26th of August against a large petrol company. I chose for payment to be imediate but have no heard anything from the company involved as yet (2 weeks). I am just wondering what the form is before I choose to start the warrant process online. How long should you normally leave to allow for payment and what are the disadvantages (if any) of going down this route?
Thanks

I would write to the petrol company head office with the claim number. State you have won by default and they have 7 days to pay up or you will ask for a warrant of execution. If they do reply then great. If not then you apply for a warrant of execution:
http://www.hmcourts-service.gov.uk/infoabout/enforcement/warrant/index.htm
Link above to what that is and how it works.

pookie_rabbit

Are you supposed to make the country court/MCO aware of any of this? How does there system know/not know when money has been paid? Are they doing anything in the background (for instance sending out a reminder). I presume they send the initial "verdict"?
thanks

natweststaffmember

pookie_rabbit wrote: »

Are you supposed to make the country court/MCO aware of any of this? How does there system know/not know when money has been paid? Are they doing anything in the background (for instance sending out a reminder). I presume they send the initial "verdict"?
thanks

Please read the above link or call your local county court. MCOL is MoneyClaimOnLine which is an online version of filing a case. Your local court will be able to answer the questions you have.

pookie_rabbit

Just a bit of an update on the above. Having waited 2 weeks already after having a judgement made I read the links and decided to at least send one more letter to the company involved (last Thursday). This stated if I didnt hear anything by a date next week I would start the warrant procedure. On Saturday I recieved a letter saying they had written to the court seeking permission to set aside judgement. I understand the concept of this although I dont see the point of having judgement made if a company just does this. What also concerns me is that until I sent the letter they still had nothing and have only acted with this letter to the court based on me sending mine. I am wondering under what circumstances the court would now allow them to do this - i.e. all the time? And do I get to know why they have been allowed and say something also?

esmerellda

It is exactly the same process if you had a bank claim against you and went on holiday or didnt see the documents before the 14 days were up and default judgment was entered. You can then ask for a set aside to allow you time to defend etc as can they.

The point of sending the letter is that if they don't reply/do anything with court on it is they are much less likely to get the set aside as they have been given further opportunity to recify matters, and it also saves you the cost of issuing a warrant which would then be set aside later.

esmerellda

Once the set aside is granted (it still may not be but you arent £55 further down in the meantime) they go back to having 14 days to acknowledge and 28 days to defend. They wouldnt get a second set aside.

If you need any help going on from their defence just shout.

They may just enter an offer to pay, but not knowing what the issue or company is its difficult to say.

pookie_rabbit

Hi,
thanks for the reply. I understand the concept of being able to set aside judgement - as you say in the case of small business the person may have been on hols or not seen the letter in time because away. In my case the company (large petrol company) allowed the original 2 weeks (?) before replying on the last day to originally say they would defend. They then had another 28(?) days to reply and didnt bother so I got judgement by default. They then didnt bother for another 2 weeks until my letter. Therefore I am wondering under what circumstances they would now be allowed to set this aside - is it normal that this is always accepted by the "judge" and do I get to know there "exscuse" for not bothering to reply to me or the court? Thanks for the help.

natweststaffmember

pookie_rabbit wrote: »

Hi,
thanks for the reply. I understand the concept of being able to set aside judgement - as you say in the case of small business the person may have been on hols or not seen the letter in time because away. In my case the company (large petrol company) allowed the original 2 weeks (?) before replying on the last day to originally say they would defend. They then had another 28(?) days to reply and didnt bother so I got judgement by default. They then didnt bother for another 2 weeks until my letter. Therefore I am wondering under what circumstances they would now be allowed to set this aside - is it normal that this is always accepted by the "judge" and do I get to know there "exscuse" for not bothering to reply to me or the court? Thanks for the help.

Everything depends on the address used for the servicing documents ie Head Office and not the local garage of the large petrol company. In 99.9% of cases the set aside is done.

pookie_rabbit

natweststaffmember wrote: »

Everything depends on the address used for the servicing documents ie Head Office and not the local garage of the large petrol company. In 99.9% of cases the set aside is done.

All documentation has been sent to and from the head office if that helps. I dont quite understand the point of having the judgement for not replying when 99.9% can just be set aside anyway? Thanks.

esmerellda

Its not guaranteed at all they'll get set aside unless they have a half decent reason, especially if you gave them 14 days extra before even entering the default judgement (its 28 from service - 14 from acknowledgement) and then another 14 days before writing to them. But it is quite likely.

Without knowing the circustances its hard to say...I know with banks they blame post room etc type rubbish. Anyway whether or not it gets set aside it has saved you the warrant fee as it is certain that that would have resulted in the set aside application. Its just a matter of waiting, you are entitled to ask the court for a copy of their set aside application too so you will know what excuse they have given.

In their acknowledgment did they 'intend to defend in full' ?