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Timings for MCOL/court

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Comments

  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    GRRRRR - Today was the last day and Lloyds TSB have just pressed the Defence button! I am so angry I could spit. Does anyone know how long it takes for the court to tell me what to do next and how long I got to answer - it's just that I am away next week and I don't want to miss any deadlines.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    I just answered my own question by ringing the court before they go home fore the day - apparently you have 33 days to respond.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • Wiggynut
    Wiggynut Posts: 1,039 Forumite
    500 Posts
    <TABLE cellSpacing=10 cellPadding=0 width="100%" border=0><TBODY><TR><TD>Defence
    </TD></TR><TR><TD> </TD><!--Status Description data--><TD>You are unable to take any further action online on this claim.

    The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.
    </TD></TR></TBODY></TABLE>
    DAMN! it gives the date 16 April! as defence... so basically the 28 days was a waste of time as this was logged yonks ago???? This was still 'acknowledged' yesterday at 5.10pm! This doesn't make any sense but I guess I'll get a court date. Anyone know how long that takes? (not many people respond to posts on this forum!)
    Light bulb moment April 07: [strike]£3,655 [/strike] Oct 07: [strike]£2,220[/strike] now 0 - 3 years of Uni debt to be added at a later date :o:D
    now at Uni as a Mature student -update: now has a First Class BA!
  • Today is day fourteen. I issued a court claim on the 8th may asking for my bank charges back. they did offer me £750 but I did refuse as suggested.
    It says I need to claim judgement by default. Do I do this by letter as I cant seem to find it on line
    Hope you can help
    :confused:
  • Kurt_Hamster
    Kurt_Hamster Posts: 791 Forumite
    If your original claim was via MCOL then there is a "judgement" button you can click.

    If you did it via your local court you will need to go in and fill out a form.
    Hamsters have no tact and diplomacy, nor do they want any.
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    If you issued the court claim on the 8th your time is not up yet as the court allows 5 days for the claim to be deemed served and THEN do the 14 days start. Plus a day's grace if it falls on a weekend or bank holiday.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    Beate wrote: »
    Plus a day's grace if it falls on a weekend or bank holiday.

    My claim was issued on 09/05, deemed served on 14/05, and the original "respond by" date was 28/05, which is the Late Spring Bank Holiday Monday. There was no mention of a days grace to the Tuesday.
    The acquisition of wealth is no longer the driving force in my life. :)
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Apart from Beate's post in the Reclaim Help Thread you'll also find this information in the MCOL FAQ....

    http://www.hmcourts-service.gov.uk/cms/1051.htm#entering
  • Hi

    Can anyone help with the following;

    Halifax acknowledged court claim on 30.4.7 but I think it was served on 27.04.07. Can I claim judgement on 25.5.7?

    Also, I accidentally claimed for 7 years, didn't notice until after I'd sent off the claim and haven't pointed it out in case they used it as a defence and took it to court. If they don't respond and I claim the judgement does that mean I get 7 years worth?

    What happens if they dont pay up after the judgement?

    Thanks for any help
  • Kurt_Hamster
    Kurt_Hamster Posts: 791 Forumite
    If they haven't submitted a defence by 28 days after service then yes you can claim a default judgement.

    But don't hold your breath, they have a habit of doing it right on the last minute.

    As for the 7 years, well if you get a default judgement it doesn't matter. If they pick it up and use it in their defence you will either have to amend your claim or used the concealment clause of the Limitations Act as a reason for claiming longer than the 6 years.

    If they don't pay up within 14 days of the judgement you can send the bailiffs in.

    But like I say don't start getting your hopes up by thinking they won't get the papers in in time.
    Hamsters have no tact and diplomacy, nor do they want any.
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