Court Questions

jennyjudd

I have had no response after I sent my second letter to my bank, asking for my charges back.
I am now filling in the third letter, and am a bit confused about what to put in the space that says,'Insert name of court'.
I am planning on using Mcol.
Can anyone help?

Also, will I have to ever actually appear in court, and if so, what will I say/what will happen?
Anyone got experience?

Thanks so much, I'm really worried.

MimiJane

jennyjudd wrote: »

I have had no response after I sent my second letter to my bank, asking for my charges back.
I am now filling in the third letter, and am a bit confused about what to put in the space that says,'Insert name of court'.
I am planning on using Mcol.
Can anyone help?

Also, will I have to ever actually appear in court, and if so, what will I say/what will happen?
Anyone got experience?

Thanks so much, I'm really worried.

Just put "County Court" ... that's what I did.

There are loads of threads here about the whole procedure but, basically, it's highly unlikely you'll have to appear in court and, even if you do, the bank will not turn up as they haven't got a defence! (No bank's turned up yet).

If you go through MCOL, they have 14 days to acknowledge and another 14 days to defend (after the five days to "serve" the claim). They may acknowledge and may then defend, but they nearly always pay up before court though, of course, you must be prepared to attend as there's always a possibility.

Have a good read of the "sticky" threads on this forum.

grimreaper

jennyjudd wrote: »

I have had no response after I sent my second letter to my bank, asking for my charges back.
I am now filling in the third letter, and am a bit confused about what to put in the space that says,'Insert name of court'.
I am planning on using Mcol.
Can anyone help?

Also, will I have to ever actually appear in court, and if so, what will I say/what will happen?
Anyone got experience?

Thanks so much, I'm really worried.

TIMINGS ON MCOL

Once you file your claim, you will see this:
Status: Requested
Your claim has been submitted to the court for final validation before being issued.

Then, usually a day later, it reverts to this:
Status: Issued
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”.

The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default.

Status: Acknowledged
If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up.

Status: Defence
If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”.
If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so.
If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default.

This is how it usually happens. Alterations from the norm are possible of course.

spikeyhedgehog

jennyjudd wrote: »

I have had no response after I sent my second letter to my bank, asking for my charges back.
I am now filling in the third letter, and am a bit confused about what to put in the space that says,'Insert name of court'.
I am planning on using Mcol.
Can anyone help?

Also, will I have to ever actually appear in court, and if so, what will I say/what will happen?
Anyone got experience?

Thanks so much, I'm really worried.

THIS MIGHT SOUND LIKE I'M STUPID (WELL MAYBE I AM )CAN YOU TELL ME WHAT A MCOL IS I MIGHT NEED ONE

Beate

grimreaper wrote: »

TIMINGS ON MCOL

Once you file your claim, you will see this:
Status: Requested
Your claim has been submitted to the court for final validation before being issued.

Then, usually a day later, it reverts to this:
Status: Issued
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”.

The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default.

Status: Acknowledged
If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up.

Status: Defence
If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”.
If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so.
If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default.

This is how it usually happens. Alterations from the norm are possible of course.

As posted by me on the Reclaim Help Thread.

Don't be worried. It is quite unlikely that you have to appear in court and even unlikelier that the bank will bother to turn up. Read the MCOL thread carefully, there is lots of great info in it: http://forums.moneysavingexpert.com/showthread.html?t=353590

Beate

spikeyhedgehog wrote: »

THIS MIGHT SOUND LIKE I'M STUPID (WELL MAYBE I AM )CAN YOU TELL ME WHAT A MCOL IS I MIGHT NEED ONE

Moneyclaim Online - the website you file your court claim with.
https://www.moneyclaim.gov.uk

Twinkly

jennyjudd wrote: »

....

Also, will I have to ever actually appear in court, and if so, what will I say/what will happen?
Anyone got experience?

Thanks so much, I'm really worried.

This post shows what happened in court in a claim against against Barclays and is very reassuring about the process.
Top thanks to OP showmethemoney! for her post.
http://forums.moneysavingexpert.com/showthread.html?t=393532

Good luck with your claim