Timings for MCOL/court

oldandskint

princesskez26 wrote: »

Hi it's 28 days from the date of service of the claim,

Kez

Thanks kez was wondering that myself

oldandskint

taniadevotee wrote: »

Thanks very much ) I am just chewing my nails now, but I've a horrible feeling Lloyds aren't going to just cough up without a word (
Good luck with your claim, T xxx

THANKS T
but i think we may have a bit longer to wait they aint gona give in that easy
good luck with yours ,will keep you updated on mine xxxxxxxxx

taniadevotee

princesskez26 wrote: »

Hi it's 28 days from the date of service of the claim,

Kez

Thanks Kez
So does that mean if we get to the 28 day marker then we are home and dry? lol! 11 days and counting....:undecided
Fingers crossed and wishing our lives away for the next couple of weeks eh OldandSkint? T xxx

nicolareay29

Hi

I have placed a claim through the small claims court for reclaiming my £1900 worth of bank charges from the Halifax PLC. They have until the 18th June @ 4pm to issue a defence for the claim which they have now acknowledged, my only worry is if this fails do i a) send bayliffs in or b) go to the financial ombudsman? I am very confused by this whole thing now, but am not willing to back down.

Any advice would be very much appreciated.

Thanks

Stephen_Leak

Money Claim Online should have issued your claim either on the same day, or the day after, you filed it. They then allow 5 days for it to be served. The bank’s solicitors then have 14 days to respond. However, their response can be just filing an Acknowledgement of Service. If they do this, the 14 days is increased to 28 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 from Northampton (where Money Claim Online are located) 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 on the Money Claim Online website.

If you've taken the bank to court, the Financial Ombudsman will not accept the case as well.

The court bailiffs are only needed if, when you win your court claim, the bank still refuses to pay up.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

Edinburghlass_2

nicolareay29 wrote: »

Hi

I have placed a claim through the small claims court for reclaiming my £1900 worth of bank charges from the Halifax PLC. They have until the 18th June @ 4pm to issue a defence for the claim which they have now acknowledged, my only worry is if this fails do i a) send bayliffs in or b) go to the financial ombudsman? I am very confused by this whole thing now, but am not willing to back down.

Any advice would be very much appreciated.

Thanks

Please read Beate's post in the Reclaim Help Thread as to the timings of what happens after the bank acknowledge.

K_J_Wheeler

I am a bit confused. MCOL issued Lloyds TSB with my claim on the 10th of may. The status of my claim is now Defended and there is no more that I can do online. Today is the 28th day after the claim was issued and we have heard nothing. I was under the impression that I would have to have been informed by post within 28 days or I would win by default.

Do, we just sit tight and wait to hear from a local court now? Should I put together the court Bundle?

Any advice would be greatly appreciated.

Stephen_Leak

K_J_Wheeler wrote: »

I am a bit confused. MCOL issued Lloyds TSB with my claim on the 10th of may. The status of my claim is now Defended and there is no more that I can do online. Today is the 28th day after the claim was issued and we have heard nothing. I was under the impression that I would have to have been informed by post within 28 days or I would win by default.

Do, we just sit tight and wait to hear from a local court now? Should I put together the court Bundle?

Any advice would be greatly appreciated.

Not quite yet, I'm afraid.

Money Claim Online should have issued your claim either on the same day, or the day after, you filed it. They then allow 5 days for it to be served. The bank’s solicitors then have 14 days to respond. However, their response can be just filing an Acknowledgement of Service. If they do this, their 14 days is increased to 28 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 from Northampton (where Money Claim Online are located) 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 on the Money Claim Online website.

But don't forget that the Money Claim Online website is just an "electronic front office" for the HM Courts Service’s paper based system. When your application for judgement is processed they will also check if there is anything from the bank's solicitors in the post.

Please read the Reclaim Bank Charges Help thread.

dhdesignsuk

Hi,

Have have two claims on the go at the moment, the first one was issued on 24/05/2007 to Abbey and the second issued on 12/06/2007 to Natwest.

According to my calender 5 days from after the Order was issued I counted 14 days from that which would make 12/06/2007 the last day. However i still get the 'you cannot request a Judgment by Default at this time' message, so I am not sure when the 14 days will be up.

As anyone experienced anything similar any advice or comments are appreciated.

Thanks:o

Stephen_Leak

dhdesignsuk wrote: »

Hi,

Have have two claims on the go at the moment, the first one was issued on 24/05/2007 to Abbey and the second issued on 12/06/2007 to Natwest.

According to my calender 5 days from after the Order was issued I counted 14 days from that which would make 12/06/2007 the last day. However i still get the 'you cannot request a Judgment by Default at this time' message, so I am not sure when the 14 days will be up.

As anyone experienced anything similar any advice or comments are appreciated.

Thanks:o

You could be in for a late night. Your calculations are correct, but the actual deadline for applications should be midnight tonight.

However, don't forget that the Money Claim Online website is just an "electronic front office" for the HM Courts Service’s paper based system. When your application for judgement is processed tomorrow morning they will also check if there is anything from the bank's solicitors in tomorrow morning's post.

Please read the Reclaim Bank Charges Help thread.