Timings for MCOL/court

justlaugh2

liamtoot123 wrote: »

:rolleyes: my 28 days after serving a claim on barclays is on a sunday , do i wait until monday or later to give them more time ?? or do i request a judgement straight away. never been on a forum before so i dont know where this will turn up sorry if goes to wrong place.

if their last day falls on a weekend they get an extra day. if you filed with MCOL it wont allow you to request judgment until the correct amount of days has passed. however i think it is possible to ask for judgment on mcol at a few minutes after midnight once the final day is up ( ie: 12.02am Tuesday morning)

Good Luck

becks.989

can someone help.

i filed my defense against HSBC on (27/04) they acknowledged on the (29/04) and i have waited. i thought the 28 days would be up today but im not having any joy. am i wrong and if so when will i be able to have my judgement

thanks in advance

becks.989

bump but i'm desperate as i think i've done something wrong

janeo1960

Am waiting for the postman every morning thinking im going to hear theyve put in a defence. Just been checking my next step on the website. Does anybody think ive now won?????????

becks.989

no. they defended mine at 3.45pm today now i have to go to court and i'm scared

macclad39

the HSBC have acknowledged to the court that they have recived my claim, the last day for them to reply was 2nd June now that they have replied do they have a further 28 days or do i still stick with the 2nd June to claim by default as they have not defended the case.

Stephen_Leak

Your claim should be issued the day after you filed it. The court allows 5 days for it to be "deemed" to have been served. The banks solicitors then have another 14 days to respond. However, their response can be just filing an "acknowledgement". If they do this, they get yet another 14 days. 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 and when their deadline expires, you can apply for a judgement by default via the MCOL website.

Please read the Reclaim Bank Charges Help thread.

elsbels_3

I applied for judgement by default on the 29th as the date given by the court for my bank to acknowledge my claim was the 28th. On line my claim was accepted, but today it has been rejected and since printing out a form from the internet and sending it by post, the bank have acknowledged my claim. The court said that I applied too early and can no lnger use the online facilities. Does this mean that if my bank fail to put in a defence within the next 28 days I will still not be able to use the website? Also, will this go against me in court as this seems to be the only slip up I have made?

Kurt_Hamster

elsbels wrote: »

I applied for judgement by default on the 29th as the date given by the court for my bank to acknowledge my claim was the 28th. On line my claim was accepted, but today it has been rejected and since printing out a form from the internet and sending it by post, the bank have acknowledged my claim. The court said that I applied too early and can no lnger use the online facilities. Does this mean that if my bank fail to put in a defence within the next 28 days I will still not be able to use the website? Also, will this go against me in court as this seems to be the only slip up I have made?

Once the bank acknowledges service they have 28 days from the date they were served in which to submit a defence. Once they do you will no longer be able to use the MCOL website as your claim will be transferred to your local court.

If they don't submit it within the aforementioned 28 days you will be able to use the "judgment by default" button on the MCOL website.

Kurt_Hamster

Stephen_Leak wrote: »

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

That's not quite right.

They don't have another 14 days to submit their defence. When they acknowledge service their original 14 days expands to 28 days to allow them to submit a defence.

There's a difference, e.g. if they submitted their AoS at day 7, adding another 14 days would only allow them 21 days to submit a defence.