Timings for MCOL/court

johnnykrash

Hello there, I have followed advice from MSE & The Consumer Action Group with trying to reclaim my bank charges and everything seemed normal - by normal I mean,

1st Letter to Lloyds -> Standard reply
2nd Letter -> We're Looking into it reply

then,

3rd Letter -> Notifcation of intended legal proceedings -> No reply from them...

So I filed with MCOL on the 24th April, following the guidelines and prepared text from both MSE & CAG and it was accepted and deemed as served on the 27th April.

So far, apart from a letter of acknowledgement i've heard nothing, and when I log on to MCOL it just tells me the staus is "issued 24/4/07"

Is this normal practice ???

Any help or advice appreciated !

Kurt_Hamster

Yes it's all normal.

The acknowledgement of service just means that they have a further 14 days (or a max of 28 days from the date of claim) to send their defence in to the court.

cnoelj

You have heard more than I did at a similar stage. I then started to receive pompous letters saying that they are sorry to hear I have a complaint and will give me a full response in 28 days. At the end of this period I received a further letter saying they need another 28 days.Obvious stalling tactics. I wrote back telling them simply and clearly that the matter is now in the hands of the court.

Now that the papers are issued - the bank has 14 days to acknowledge the formally acknowledge the claim to the court and if they do they have 28 days from the date of issue to submit a defense

If they ignore either of these deadlines you can apply on line for a 'Judgement by Default' which should be just a formality because the bank is not offering a defense.

Hope this helps

Edinburghlass_2

Beate wrote: »

to be found in the Reclaim Help Thread:
http://forums.moneysavingexpert.com/showthread.html?t=400981

Good post courtesy of Beate as above.

bondy2007

Ok so I checked MCOL today and it now says Acknowledged rather then issued.

Does this mean they have put in a defence?

Just a quick explanation would be great

Thanks

luca4

Have just filed against Barclays on MCOL!!!!

What is a realistic time frame for things to move forward from here?

Is there a step by step guide on here about what happens and when during the MCOL process?

Cheers in advance
L4

BLUESUNSHINE_2

Claim is deemed to be serviced in 5 days from when MCOL issue it . The defendant has 14 days after the date of service to reply by either acknowledging it or putting in a defence .If they do neither ,you can apply on-line for judgement by default .If they do acknowledge or defend then the 14 days is extended to 28 days .They must submit a defence or admit the claim within that timeframe .If they do not then you can apply on-line for judgement by default .

Hope this helps

Beate

Check out my post on timings on MCOL in the Reclaim Charges Help Thread (post 13 at the bottom):
http://forums.moneysavingexpert.com/showthread.html?p=3459344

jona1970

Hi just a quickie.

submitted my court order via moneyclaim on Friday (11/5) and Martins step by step guide states that it takes 5 days for the papers to be served and then the bank have 14 days to reply. What I want to know is - is that working days or are weekends included?

Thanks. All replies much appreciated.

Stephen_Leak

From my MCOL Notice of Issue it is calendar days.

It doesn't take 5 days to serve the claim - this is the time allowed for the claim to be deemed to have been served. The defendant has 14 days from this date to respond. If they just acknowledge the claim, they then get another 14 days from this to respond fully. Even if they acknowledge before the 5 day mark, they still have the 5 + 14 + 14 days. The wheels of justice grind slow, but they grind exceeding small.