Moneyclaim Online (MCOL) question

Lisa_1971

Jinxs wrote: »

Hi

Got my defence yesterday just wondering if you got yours I was right in thinking that I don't have to fill out an AQ so saved myself £100!!!! All I need is a court date have heard where I live there is a 3 month delay XX:mad:

I haven't received it yet, got a letter from mcol saying judgement refused but no defence yet, sorry I didn't reply before now, I've been working!
I rang mcol on Thursday and was livid with them because why have timetables and deadlines if when the little person clicks on judgement they magically find a defence from somewhere!! but a Judge did away with AQ because the banks weren't turning up to court. :mad: :mad: :mad:

Wiggynut

I never put my account number on it! should I have done so? dammit... I did post on several websites for this but no one replied to them!

Cookiepops

I have 2 court claims ongoing - 1 with Halifax and 1 with Barclays.

Both have now acknowledged my claim and I have received a letter from MCOL to confirm this and that "the defendant now has 28 days from the date of service of the claim form to file a defence"

I have for Halifax:
Claim was issued on 2 April
Deemed to be served on 7 April
Defendent has until 21 April to reply

Claim was acknowledged on 4 April 2007

for Barclays:
Claim was issued on 20 March
Deemed to be served on 25 March
Defendent has until 8 April to reply

Claim was acknowledged on 5 April 2007


So, does the 28 days begin from the 'demmed to be served' dates? Also, is this weekdays or calender days and how do the Bank Holidays affect it? I havent got a clue what dates I should be working to!!

Thanks

Apathyawakened

lisajh29 wrote: »

I have 2 court claims ongoing - 1 with Halifax and 1 with Barclays.

Both have now acknowledged my claim and I have received a letter from MCOL to confirm this and that "the defendant now has 28 days from the date of service of the claim form to file a defence"

I have for Halifax:
Claim was issued on 2 April
Deemed to be served on 7 April
Defendent has until 21 April to reply

Claim was acknowledged on 4 April 2007

for Barclays:
Claim was issued on 20 March
Deemed to be served on 25 March
Defendent has until 8 April to reply

Claim was acknowledged on 5 April 2007


So, does the 28 days begin from the 'demmed to be served' dates? Also, is this weekdays or calender days and how do the Bank Holidays affect it? I havent got a clue what dates I should be working to!!

Thanks

Dates are deemed to be served dates in each case and are calendar days regardless of weekends or holidays. Check your paperwork as Barclays in particular will be looking at every detail. See other threads re what was on your MCOL. :beer:

Cookiepops

Apathyawakened wrote: »

Dates are deemed to be served dates in each case and are calendar days regardless of weekends or holidays. Check your paperwork as Barclays in particular will be looking at every detail. See other threads re what was on your MCOL. :beer:

Hi, thanks for the info - though I dont really think this will be an option as the banks are rarely ignoring or overlooking these now. I know what you mena about Barclays though and I have spotted an error in my particulars - one of the interest dates is incorrect - would you know how I go about getting that updated?

Thanks

Cookiepops

MCOl claim was issued and I have suddenly just spotted a mistake!! I double checked the word document that I prepared the claim in and its correct in there so I dont have a clue what has happened.

Basically the section you into the 'Particulars of Claim' when claiming interest should read:
The claimant claims interest under
s.69 of the County Courts Act 1984 at rate
of 8% a year from 09/03/2001 to 19/03/2007 of £XXXXX

and it actually reads : from 09/03/2001 to 19/03/2001

which means we are trying to claim 10 days interest!! I am claiming against Barclays and know they are nightmares to deal with so I need my particulars of claim to be spot on.
Does anyone know how I go about getting this error amended?

MimiJane

lisajh29 wrote: »

MCOl claim was issued and I have suddenly just spotted a mistake!! I double checked the word document that I prepared the claim in and its correct in there so I dont have a clue what has happened.

Basically the section you into the 'Particulars of Claim' when claiming interest should read:
The claimant claims interest under
s.69 of the County Courts Act 1984 at rate
of 8% a year from 09/03/2001 to 19/03/2007 of £XXXXX

and it actually reads : from 09/03/2001 to 19/03/2001

which means we are trying to claim 10 days interest!! I am claiming against Barclays and know they are nightmares to deal with so I need my particulars of claim to be spot on.
Does anyone know how I go about getting this error amended?

Give the court a ring, who are usually very helpful. I've read somewhere on here that it costs £35 though to make an amendment, so be prepared ...

Apathyawakened

lisajh29 wrote: »

MCOl claim was issued and I have suddenly just spotted a mistake!! I double checked the word document that I prepared the claim in and its correct in there so I dont have a clue what has happened.

Basically the section you into the 'Particulars of Claim' when claiming interest should read:
The claimant claims interest under
s.69 of the County Courts Act 1984 at rate
of 8% a year from 09/03/2001 to 19/03/2007 of £XXXXX

and it actually reads : from 09/03/2001 to 19/03/2001

which means we are trying to claim 10 days interest!! I am claiming against Barclays and know they are nightmares to deal with so I need my particulars of claim to be spot on.
Does anyone know how I go about getting this error amended?

I went back as a result of your note and checked my own, only to find I have a similar error. Hving checked the court website I find in FAQs there is a way forward but it must be followed exactly. Action is "
Q. I need to make an amendment to my claim how do I do it?

A. Once the claim has been issued the court cannot change any of the details submitted without an application and request to re-serve the claim. You must complete an application notice (N244) detailing the changes you would like to make and send this to the court along with an N1 completed with the correct claim details. The court will then amend the details, re-seal the claim form and return it to you to re-serve on the defendant. You must keep a copy of the sealed N1. It is then your responsibility to re-serve the claim form. You must then send the court a completed certificate of service (N215) along with the copy of the N1 so the court knows the date when the defendant's response is due. "

In otherwords, once you have received the N1 take a copy and physically send to the defendant as registered mail, then complete the N215 saying when the N1 was served and the clock will start counting again for a response - 28 calendar days - and send the N215 back as registered mail to the courts. It seems they can then amend the online MCOL and from there you will see a new date for response.
What a pain but it shows you really need to check and double check the details. :mad: :mad: :mad:

fumingforcash

Apologies

Claimed with MCOL for my son owed £2312 (inc interest) by Abbey. It has been served on 7th and acknowledged by Abbey on the 13th April. Have emailed MCOL as unsure if bank details written in claim and wouldn't want the claim to be kicked out as a result.(tried to check on claim itself but doesn't appear to be there)
What happens next. Do we get confirmation from MCOL about acknowlegment or does Abbey contact. Want to be ready for next step.
Any help gratefully received.

Numpty_2

My MCOL claim to Lloyds was issued on 14th March and deemed to be served on the 19th March, and Lloyds had until 2nd April to reply. They acknowledged it on 27/03 however nothing since.

I've mislaid the second piece of paper from MCOL - is it 28 days from acknowledgement or from start of the claim given they have acknowledged it.

If it's the former, it's 28days today, and nothing more from them. What now?