When to use "warrant" with Money Claim Online?

pookie_rabbit

esmerellda wrote: »

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' ?

Originally after the first acknowledgent they said they intended to defend it. Then I heard nothing for the 28 days and then nothing after 14 days of default judgement. Funnily enough they must have used the online version to defend as it had their solicitors e-mail address in my correspodence from the court. So they should have been anle to track online even if paperwork was stuck in the mail room... Thanks again for the help.

pookie_rabbit

Was also wondering how I will see the status of whats going on. Does MCO show a diffferent status to say they have asked to set aside or do I get a letter? And how long does it normally take the "judge" to decide wether to put aside or not? thanks.

pookie_rabbit

Hi just a bit of a bump on this. I was just wondering how long it took for the judgement to be set aside (if it has). The court would have recieved the letter from the defedent Monday at the latest to ask for judgement to have been set aside. I am just wondering if this is transparent if they have not (i.e. does anything show up differently in Money Claim Online) to suggest what is going on - the status still just shows up as "issued" at the moment.
Thanks!..

esmerellda

no moneyclaim pnline doesnt deal with anything out of the ordinary, acknowledge / defend - so you will need to telephone the court to ask whats occuring. This will probably be northampton bulk centre at the moment, and will be transferred out to your local court.

pookie_rabbit

esmerellda wrote: »

no moneyclaim pnline doesnt deal with anything out of the ordinary, acknowledge / defend - so you will need to telephone the court to ask whats occuring. This will probably be northampton bulk centre at the moment, and will be transferred out to your local court.

So would I not see the status change from "Issued" online? And wouldnt the court send me a letter or anything to say the descision has been "set aside". I am just wondering how I would have known if I had not got the letter from the defendant? Thanks again.

pookie_rabbit

OK so just another quick update. I got a letter from the Northampton County Court basically to say that the judgement had been set aside.
Enclosed was a copy of the witness statement from the defendant. This stated 2 things -
That there is a real prospect of winning the trial and the following -

"the deadline for filing of the defence was somehow overlooked in this matter and for that I apologize to the court".

This seems a bit of a poor exscuse - apart from ignoring this for 28 days they then ignored it again for 2 weeks when judgement was made - the only reason they have bothered to remember is because I sent a letter asking where the money was!..
Can I in anyway send a letter to court to saying I am not impressed with this? Will that go on record or pointless?
Also on the enclosed "Application notice" they have ticked "at a telephone hearing" for "how do you want to have this application dealt with?". Does this mean they wont attend the county court? Is this normal to have a phone in the room or something?

Thanks for all the help

esmerellda

Completely pointless, it happens ALL the time.

Telephone hearing - basically its a conference call. as they have asked for it, they will set it up and pay for it, and it will be a time and date you have to be by the phone.

If the court agrees with it they will let you know the details and there is time to alter them if they are no convenient.

The court may also ask you to attend court and them to attend by telephone - which is basically a speakerphone phone is stuck on the table with you and the judge in the room. I had one of those against Abbey which was a bit disconcerting but less nerves involved for me. Keep their costs down, which is good if you lose.

pookie_rabbit

Thanks again.. I think I will try and turn up and speak in person rather than on phone myself. Just a quick question - can they be the only person on the phone or can they involve an technica expert at there end? Or is it 1 v 1?
cheers