Moneyclaim Online (MCOL) question

iwilldoitthistime

Ive tried for judgement, but its come back with -

You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.


so this must mean they have acknowledged and get 28 dyas from that date? does this mean that they have acknowledged I have a claim??

Stephen_Leak

chantelle75 wrote: »

on the mcol it says i have to enter an address in england for my claim against halifax card services ,i only have a scottish address in fife ,does anyone know a english address for halifax card services or am i doomed to fail with this one

Hailfax's registered address is ...

HALIFAX PLC
TRINITY ROAD
HALIFAX
WEST YORKSHIRE
HX1 2RG.

The address only really comes into play in the highly unlikely event that, having lost the case, they still refuse to pay up and the court bailiffs have to pay them a visit! You could even use any branch.

Stephen_Leak

iwilldoitthistime wrote: »

Ive tried for judgement, but its come back with -

You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.


so this must mean they have acknowledged and get 28 dyas from that date? does this mean that they have acknowledged I have a claim??

I think we're getting there - simply acknowledging the claim is an easy way of delaying things by a whole extra 14 days - ie. 28 days in total - and don't forget that this is from the "+5 days" date on which they are deemed to have been served with the claim (even if they acknowledge immediately upon receipt before this date).

Riggsy1367

Just keep trying that Judgement button. If it allows you to do it, congrats. if not, don't despair.

Stephen_Leak

Cue Sylvester Stallone/Judge Dredd impression - "Prepare to be judged!"

russell_bingham

can somone shed some light on this please. i dont understand what to select. this is what my claim on moneyclaim online asked me to select.
________________________________________________________________

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:


The defendant has not filed an admission or defence to my claim
(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.


The defendant admits that all the money is owed
(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

Beate

You want judgement by default. Make sure though that you are not too early for this.

Beate

iwilldoitthistime wrote: »

so this must mean they have acknowledged and get 28 dyas from that date? does this mean that they have acknowledged I have a claim??

No they get 28 days from when the claim was deemed served which is 5 days after it being issued. Read my post on timings on MCOL on the Reclaim Charges Help Thread (last post so scroll right down):
http://forums.moneysavingexpert.com/showthread.html?t=400981

russell_bingham

i am to early lol

shagtasticshaz

Hi all,

I'm still a relative newbie at all this but have discovered something when claiming my charges from mbna credit card via MCOL. I've also seen this queried in this post albeit at the beginning of the thread.

Someone had already posted about proceding with caution when filling in the online forms as they put themselves as the claimant AND the defendant (easy mistake to make) but my advise is regarding sending a schedule of charges to the court to be filed with your claim. Basically on MCOL you can only include 1080 characters in the text and you cannot attach a schedule of charges to be served with the court papers..however, unless your schedule of charges is served with the claim you will encounter more problems later on (which i have read in this thread). So basically my advise is make sure you post 2 copies of your schedule of charges with a covering letter asking for a schedule to be served with your claim, the day you start you MCOL claim. (the claim is served 5 days after starting the MCOL process). I will c & p the template below which includes the address


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- (defendant)
Claim No: xxxxxxx
Date Issued: xxxxxxx

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 £xxxxxx

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely



Your name




I have studied so many threads on this site ans CAG site and found invaluable information but apparantly the above is really important because the banks etc have been picking up on all the MCOL applications which have been served and which dont include a schedule of charges thus making the process very long and drawn out as they state the claimaint (you) did not send any evidence with the MCOL claim.

It just saves a lot of time.


Hope this helps someone




shaz