Moneyclaim Online (MCOL) question

Dazza6561_2

Posted by Beate
Isn't that what I did and what I told Taffyfella to do? Or have you mixed the two of us up when answering?

Lol.Yes. Sorry B. Its thicko me jumping in without reading enough.

Saintly, From what I can gather it is only 28 days if they first file an acknowledgement within 14. If they dont file anything it is only 14 i think.
Hope some one can clarify this.
Also if they have been online to file an ackowledgement, will it show up on my online area of moneyclaim.
Mines over the 14 days now, i aint been contacted and I can't see anything on moneyclaim saying they have filed something. And it wont let me start judgment.
Can any one clear this up for us?
Thanks

esmerellda

Dazza et al.

Its 14 days from SERVICE to acknowledge (service is usually 3-5 days after issue)

if they do that the time extends to 28 days after service for submission of defence.

PLEASE DO NOT LEAP ON JUDGEMENT BUTTONS.

Banks are often known to apply for a setaside to allow them more time to submit a defence. If you refuse permission for the setaside there will be a hearing which will take more time, like extra weeks....the set aside often doesnt happen until you pay for your warrant of execution...etc etc.

Instead write a letter to the bank nudging them to provide the defence (or acknowledgement in dazzas case) within 7 days else you will be requesting judgement, send recorded/special delivery and keep a copy. Then if they don't respond you can go ahad and ask for judgement - its still not guaranteed but you'll have a fairer chance of not having to wait through a set aside application.

Hope that helps....asking for default judgement does not necessarily mean you have won. Sometimes yes the bank pay up, but for another 7 days I think its worth another stamp.

Dazza - give the court a ring tmw morning and check if acknowledgements been filed...they often miss the deadline when it falls on a weekend.

Dazza6561_2

Cheers for that Ezmarellda. Very kind of you.
I think I may have sussed out my end of things. In the FAQ's for the moneyclaim site, it says that if the deadline falls on a weekend, then the defendant gets the next working day to respond. So as mine fell on a Saturday, the lucky bank gets an extra 2 days. So nothing has dropped through my door yet and today (Monday 19th) is hopefully their last chance. I dont want to ring the bank as they have proved in the past that they can not utilise the telephones effectively enough to deal with a problem. If its a standard problem then they have a chance but anything other than standard and its a waste of time. I have sent them a letter since filing the claim telling them I intend to file for more and that the only reason the first claim is five grand is that I could not afford to file for more. I will phone the courts though as advised. Cheers.

Thanks very much for the advice and info.

:mad: ps. I have just returned home as someone ran into the back of me on the way to work :mad:

esmerellda

no don't ring the bank. ring the court on tuesday to see if they have entered their acknowledgement.


bit concerned about your telling the bank you intend to claim for more. when you ring the court ask for a N244 form to be sent to you to amend your claim, and check with them if amending it upwards will cost anymore than the £35 application fee if it takes you to the next court fee bracket.


and bummer about your car...hope you're okay.

James21_2

Beate wrote: »

It includes the weekend. It's up to you whether you accept this offer.

If you do not want to take it you could write something like this:

I cannot accept your offer of £324 as full and final settlement of my claim. I will accept this as part payment and without prejudice, but will continue my claim for the balance. I have made a reasonable effort to settle this claim before issuing a court claim, but you ignored my efforts to settle this. Seeing as I have now had to issue a court claim because of your failure to deal with my claim in a timely way, I will now settle only for the full amount of charges+statutory interest+court fee.

Rang up Halifax this morning and within a few minutes they said they would add the 50.00 mcol fee to my claim so should recieved it this week, once the money is in my account i will ring mcol to cancel my claim :beer:

Cookiepops

esmerellda wrote: »

Dazza et al.

Its 14 days from SERVICE to acknowledge (service is usually 3-5 days after issue)

if they do that the time extends to 28 days after service for submission of defence.

I am just about to submit my claim on MCOl but wanted to be double sure of the timescales. When you are talking days, do you mean normal days or working days only?

Also, does it state on MCOl what stage you are at and when you can request judgement by default? or do I have to track this?

Thanks

Lisa

Dazza6561_2

Esmarellda, i didn't mention earlier that this thing I have with the bank is not just an unfair charges thing in the normal sense. I have had a big problem with the RBS for over a year now and I have been through the Ombudsman too. During the Ombudsman process I asked him to make sure that the bank had not damaged mnie or my wifes credit rating over this non payment of charges issue. They kept on applying the charges when they knew it was their fault. Anyway, they told the ombudsman that there was no damage on our files and if there was then it would be removed. A few days after I filed for the 5K we got our credit reports using this sites method. Mine was free of RBS details but my wifes had a massive red section from the RBS going back to when this thing started. Here is the important bit
We have just had to remortgage our house and we were told that we could only have a credit repair mortgage. If the RBS stuff had not been on my wifes file and if they had complied fully with the ombudsman and removed what their computer sytmen had put on, then we would have been able to get a much better mortgage deal and the difference on our mortgage between what we now have (7.5%) overall cost and what we could of had say 5.3% is an amazing £61000. That means that we are being forced to pay more over our 25 year mortgage by a fair whack. It's not easy to say what I could of had and what damage their bad reporting has exactly done but I have informed the ombudsman, and he is getting back on to them. I have informed the FSA and they are going to investigate them. And I have informed the Information Commissioners Office who is in charge of Data Protection. The FSA said they don't normally investigate an individuals case but in this instance they will because they think rules or regs have been broken. They said they wont be letting me know of any outcome tho. The ICO though will investigate and let me know what goes on. The general guidelines and FAQ's on this subject usually say, "if you have wrong info on your credit file you can ask for it to be romoved" They dont say what happens if an individual incurrs financial loss due to the wrong information. By rights it should be a clear cut case of company that messed up, pays up.
So i am seeing my solicitor on Wednesday and see what he says but i think i'm going to be putting in over 50K.
My moneyclaim thing still says "Issued". Counting down.
I will of course let you all know what goes on and what my Solicitor says on Wed.

Dazza6561_2

Lisa
You should get a thing through the post a few days after filing the claim. It tells you the date of issue, the 5 day period, and the date they have to respond by. If the response deadline is a weekend then they get the next Monday as well. It all includes weekends. om MCOL it will say "issued". Count five days, then fourteen to get to the date they need to respond by.

Cookiepops

Dazza6561 wrote: »

Lisa
You should get a thing through the post a few days after filing the claim. It tells you the date of issue, the 5 day period, and the date they have to respond by. If the response deadline is a weekend then they get the next Monday as well. It all includes weekends. om MCOL it will say "issued". Count five days, then fourteen to get to the date they need to respond by.

Thanks, thats a great help. I am trying to log the particulars of the claim using the template but have no idea when the account was opened - its my husbands account and he has had since he left school - do we just guesstimate a date or should we call Barclays and ask?

Beate

Even easier - just leave this info out.