Timings for MCOL/court

Millie73_2

Hello, im new to this site but i was hoping someone could give me some advice.

My sister has claimed online via MCOL for charges relating to her Barclays account. Barclays had sent her a letter saying that they acknowledged the claim but she heard nothing more. The 28 days were up yesterday , so she went online to enter a judgement by default. However on checking just now she found that the judgement has been rejected. What does this mean? Does it mean that she has lost the claim? If so is there anything else she can do? She had done everything this site told her to do. Any help or advice on this would be very much appreciated.

Thanks

Millie xx

Twinkly

Millie73 wrote: »

Hello, im new to this site but i was hoping someone could give me some advice.

My sister has claimed online via MCOL for charges relating to her Barclays account. Barclays had sent her a letter saying that they acknowledged the claim but she heard nothing more. The 28 days were up yesterday , so she went online to enter a judgement by default. However on checking just now she found that the judgement has been rejected. What does this mean? Does it mean that she has lost the claim? If so is there anything else she can do? She had done everything this site told her to do. Any help or advice on this would be very much appreciated.

Thanks

Millie xx

Its probable that Barclays have entered a defence, albeit cutting it really fine, so you cant continue online at MCOL now and the claim will be transferred to your local court. She hasnt lost and barclays have yet to turn up in court to actually defend so its basically a stalling tactic theyre employing here. She will hear from the courts and receive a copy of barclays defence, which is probably going to be standard stuff and she can ignore it and just wait for the hearing date.

She may or may not be sent an Allocation Questionnaire with the defence. Some judges are dispensing with it now as they realise the banks dont actually turn up and its a waste of resources.

Tell her not to worry and this is just another step to go through in the process in the event that the banks file defence. I doubt it will be too long before she receives a settlement offer but she shouldnt settle for anything less than the full amount & interest & costs now.

Good luck

Millie73_2

Thank you so much Twinkly:A

My sister was getting through a bottle of wine rather quickly worrying she had done something wrong (though i was helping her;) ) so thanks for your kind words.

She is ringing MCOL customer service tomorrow to find out exactly what has happened, but for now at least she can have a good nights sleep and not worry too much about this.

Its such a pain that some cases are straight forward and others have to fight tooth and nail to get their money back.

Your quick reply was much appreciated!!!!

Millie xx

rhi22_2

Hi Diego,

The MCOL website will tell you if and when the bank has entered a defence. (It will show up on the details when you click on the title of the claim in question). They need to enter the defence within 28 days or you can enter judgement.

A copy of the defence entered by my bank was sent to me in the post about a week after it was entered online.

Good Luck

dwarfer

Hi,

The banks are complete ignorant little brats, in the past FOURTY DAYS I received ONE letter from the bank, and that was a default rejection letter to refund the illegal charges.


As they have NOT replied to my second letter requesting full amount or I will take them to court I have now started the MCOL (money claims online) and luckly it has been accepted


so, with the MCOL accepted and after receiving a letter from them saying they will send a letter to the bank what do i need to do? just wait ?!?

dwarfer

Hi,

The banks are complete ignorant little brats, in the past FOURTY DAYS I received ONE letter from the bank, and that was a default rejection letter to refund the illegal charges.


As they have NOT replied to my second letter requesting full amount or I will take them to court I have now started the MCOL (money claims online) and luckly it has been accepted


so, with the MCOL accepted and after receiving a letter from them saying they will send a letter to the bank what do i need to do? just wait ?!?

Kurt_Hamster

Whilst you are waiting may I suggest you actually do some reading of the forum and of Martin's article, as you sound like you haven't done any homework on this.

You will find all/most of the answers you need already asked and answered... many times

Stephen_Leak

Basically, yes. All of a sudden you don't have total control of the claim as before. Just remember that "the wheels of justice grind slow, but they grind exceeding small".

Your claim will be issued the day after you filed it. The court then allow 5 days for it to be "deemed" to have been served. The banks solicitors then have 14 days to respond.

However, their response can be just filing an "acknowledgement". If they do this, they get another 14 days. This is intended to allow individuals extra time to get legal help defending claims against them, but the banks (ab)use the system.

If they file a defence, the case will be transferred to your local county court and a date set for the hearing.

If they don't file a defence, when their deadline expires, you can apply for a judgement by default via the MCOL website.

lee8040

my moneyclaim online says it was acknowledged on the 24/05/2007 but it says the defendent has 28 days fromthe date when they were served with the claim, which was at the start of the month. does that mean i click the judgement at the start of june or wait 28 days after the acknowledged date?

dwarfer

Kurt_Hamster wrote: »

Whilst you are waiting may I suggest you actually do some reading of the forum and of Martin's article, as you sound like you haven't done any homework on this.

You will find all/most of the answers you need already asked and answered... many times

im asking coz i dont understand it, nor can I find the correct info, and there is no MQOL faqs

thank you!!!!!! not