Timings for MCOL/court

Elsie2_2

sandi07 wrote: »

Hi |Elsie2

We had the same problem last weekend and had to wait until tues because of bank holiday! Got through to next step and issued the judgement by default which was accepted . The next day a defence was entered and the default was barrred!

So whats the point in entering judegment by default if they can still put a defence in after that?? I don't get it.
I'm gonna ring them on Monday and they can tell me exactly when i can press the button, but its bloody frustrating knowing that even after you have done your bit, the bank still tries to get one over and succeeds. :mad:

dk67

Hello,

We put in an online claim against Barclays through MCOL on 21st of May.

I thought the 14 days would end tomorrow - but having had another look at the site - i am now wondering if the 14 days begins on the same day we out the claim in ... or a few days after when MCOL actually serve it on the bank??

Sorry if this has been answered before?

Also, where can I see on the site the date the claim was served on the bank (if this is a different date)

Many thanks

deanpaul

hi all,
i went through all the stages with the help and templates from this site and not once got a reply from the bank apart from them sending me my statements.

i have since issued a claim through money claim online and they set a date of 04 june for the bank to reply or put in a defence.

again the bank have not replied so as far as i am aware i have won my claim by default.

my question is what happens now? i have gone back on the money claim website and started judjement and selected (The defendant has not filed an admission or defence to my claim). how long do i have to wait for my money now??

thanks in advance. by the way my claim totals £3454.00:rotfl:

Stephen_Leak

Firstly, congratulations.

Secondly, it takes about a week, unless the bank finally realises what's happened and starts trying to wriggle off the hook.

lornao1

Hi,
I would be grateful for any advice,my claim was acknowledged on 3rd May,
I have taken into account the 2 bank holidays and tried to request a judgment by default this morning (4th June - 30 days) and it will not let me.
Have I got my dates all wrong and when should I be able to request a judgement ?
many thanks
Lorna

Stephen_Leak

Your claim should be issued either on the same day, or the day after, you filed it. The court allows 5 days for it to be "deemed" to have been served. The bank’s solicitors then have 14 days to respond. However, their response can be just filing an "Acknowledgement of Claim". If they do this, they get another 14 days. If the deadline expires on a weekend or Bank Holiday, they get the Monday or Tuesday respectively. 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 the deadline expires, you can apply for a judgement by default via the MCOL website.

Kurt_Hamster

They don't get "another 14 days" once they have submitted their AoS as that makes it sound like they get another 14 days after the AoS.

Once they have submitted their AoS, the original 14 days becomes 28 days. There is a difference, it may be a subtle distinction, but it is a difference.

deanpaul

is there anyway the bank can get out of paying up now?

Stephen_Leak

Kurt_Hamster wrote: »

They don't get "another 14 days" once they have submitted their AoS as that makes it sound like they get another 14 days after the AoS.

Once they have submitted their AoS, the original 14 days becomes 28 days. There is a difference, it may be a subtle distinction, but it is a difference.

Noted and point taken. Its one of those things that makes sense if you've written it, but could be read differently.

I've amended my notes to now read, "However, their response can be just filing an "Acknowledgement of Service". If they do this, the original 14 days becomes 28 days."

Stephen_Leak

They could try to dispute the judgement. Or they could simply dig their heels in and make you have to send in the bailliffs.