Timings for MCOL/court

Simon_the_pieman_2

Natwest acknowledged my claim. Heard no more, so entered judgement. I have since received a letter from Cobbetts enclosing a defence and an RFI, dated the last day possible (ie the day before I entered the judgement), and stating they had filed the defence. Yet I was able to enter judgement, which seems odd.

What next?

melissa'smoney

Hi all,

Ok i've been reading these posts and for some reason i'm quiete nervous.

Filed 3 claims to MCOL to:

Alliance and Leicester
Capital One
MBNA

My statues is showing that these were issued on the 30/5/2007 and if i click on tis it says they have all been 'accepted' and the banks have 14 days to respond.

Ok, my question is; I have never done this before, as i'm sure not many of us have!

What do i do now?? Is this 14 days from the 30th/5/07

In my 'judgement' section it says 'start' is this what i do after 14 days if nothing happens??

I have read the MSE Bank Reclaim stuff but i'm still unsure of the porcess and my part in it....

Any explanation would be appreciated as i don't want to fall at this last hurdle.....

Thank you xxxxx

melissa'smoney

BUMP!! :rolleyes:

Stephen_Leak

Kurt_Hamster wrote: »

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.

Hamsters have many talents and abilities, but I suspect that mathematics may not be one of them.

Firstly, 28 - 14 = 14. Or, to put it another way, 14 + 14 = 28.

Secondly, I took the figures from here, where it clearly says that the extra time they get by acknowledging is independent of the date of the acknowledgement.

Also, the figures were consistent with those on my "Notice of Issue" ... Issued 09/05/07. Deemed to be served on 14/05/07. The defendant has until 28/05/07 to reply.

They acknowledged service on 15/05/07.

From my "Notice that Acknowledgement of Service has been filed" ... The defendant now has 28 days from the date of service of the claim to file a defence.

Unfortunately, it doesn't mention a date, but, either way, I make this 11/06/07.

sirius1974

My case was started on the 16th May. It has been 14 days and I have heard nothing. I tried the start judgement on moneyclaim site and it keeps telling me the 14 days isnt up yet ????

Help

jonnyboy1982

Hi my name is John and im reclaiming my bank charges. it has got to the stage of taking them to court! i submitted the request on the 4th may 07, what i would like to know is- is this classed as the 'served date'? or is that 5 days later?. The bank acknowledged the claim on the 11th may and as i understand it is if they dont defend it within 28 days i can claim 'judgment by default' which would be 28 days today from my initial request!. But asking agin is this classed as the served date? or would i work out 28 days from the 9th may 07?. Please help me answer my long winded question as i dont want to mess it up!. Thanks in advance John

RAS

Hi

This is Kurts advice to a similar query.


If the bank hasn't got its defence in by 28 days from the date they were served (5 days after you issued the claim) and presuming they have submitted an acknowledgement of service then yes you can claim a judgement by default.

Also advised that the best way claim judegment by default is to go to the court and fill the forms in there.

BenJones80

Hi,

I have tried to claim back my charges following MoneySavingExperts advice. I used the template letters and got my statements, Asked for my money back and got a letter from Barclays saying they'd look at it in four weeks. Four weeks passed so I sent the follow up template from the website back to Barclays. I got the same letter back that I'd received four weeks previously. Another four weeks passed so I started proceedings through moneyclaim.gov.uk.

Barclays made no response so after 14 days I asked for a judgment to be passed. The judgment was rejected. Has anybody else had this? does anybody know why it might be?

I've just tried emailing moneyclaim.gov.uk on the email address they list but the email address bounces...useful eh!

lavidaloca

What date was the claim deemed to be served? You'll find this on the Notice of Issue.

nickmack

BenJones80 wrote: »

Barclays made no response so after 14 days I asked for a judgment to be passed. The judgment was rejected. Has anybody else had this? does anybody know why it might be?

Possibly Barclays have filed an acknowledgement now. Sometimes MCOL takes a little while to catch up with what's happening. If they have, the status should change within the next few days.