Timings for MCOL/court

Edinburghlass_2

Read the post by Beate in the Reclaim Help Thread which is linked in my signature but if today is your last day you can't do anything until tomorrow and don't be surprised if the bank don't acknowledge tomorrow.

nippey2

Hi everyone,

I just thought i would mention my recent experience in submitting a small claim on-line via MCOL against the Yorkshire Bank. The 2 weeks for YB had elapsed so i requested judgement which was accepted. I went on holiday hoping for a cheaque on my return only to find defense papers from the bank which had been submitted and the Judge had set the case aside. I called Northhampton CC to ask why this had happened and they told me that the bank had submitted a defense on-line a day before i requested judgment but it had not been picked up and so it wax thier fault. The bank sent proof of when they submitted their defense and it was accepted by the judge.

Pity nobody at MCOL bothered to inform me!!

Anyways, it all turned out rosey as i receievd a cheaque from the bank in the post last night for the full amount WOOPEEDOO!!

I just thought i would share the MCOL experience with you all to be mindful.

Best of luk to all, DO NOT GIVE IN!!;)

Stephen_Leak

nippey2 wrote: »

Hi everyone,

I just thought i would mention my recent experience in submitting a small claim on-line via MCOL against the Yorkshire Bank. The 2 weeks for YB had elapsed so i requested judgement which was accepted. I went on holiday hoping for a cheaque on my return only to find defense papers from the bank which had been submitted and the Judge had set the case aside. I called Northhampton CC to ask why this had happened and they told me that the bank had submitted a defense on-line a day before i requested judgment but it had not been picked up and so it wax thier fault. The bank sent proof of when they submitted their defense and it was accepted by the judge.

Pity nobody at MCOL bothered to inform me!!

Anyways, it all turned out rosey as i receievd a cheaque from the bank in the post last night for the full amount WOOPEEDOO!!

I just thought i would share the MCOL experience with you all to be mindful.

Best of luk to all, DO NOT GIVE IN!!;)

Good advice, and a cautionary tale for anyone applying for a judgement by default. It is only an application.

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 system or in the morning's post.

Having said that, most solicitors accept the inevitable, pay the claim and then complain to HMCS.

I must admit that I like the irony of the bank having to pay, because they did something just a little bit too late.

artlaw

Hi everyone, I am at the stage with Lloyds TSB where I won by default as they didn't acknowledge within the allowed time scale, so last Thursday I requested Judgement by default. I hadn't heard anything so today I went to my local County Court office to check the progress and was told that the bank has now acknowledged and wants to defend the claim.

The court has sent them a letter advising that they are too late, but told me that basically they can't do any more than that.

Is this the time for me to issue a Warrant of execution and send in the Baliffs.

Anyone got any advice please?

Stephen_Leak

artlaw wrote: »

Hi everyone, I am at the stage with Lloyds TSB where I won by default as they didn't acknowledge within the allowed time scale, so last Thursday I requested Judgement by default. I hadn't heard anything so today I went to my local County Court office to check the progress and was told that the bank has now acknowledged and wants to defend the claim.

The court has sent them a letter advising that they are too late, but told me that basically they can't do any more than that.

Is this the time for me to issue a Warrant of execution and send in the Baliffs.

Anyone got any advice please?

The claim is probably on hold, while the bank and the court argue it out. Having said that, most banks accept the inevitable, and pay the claimant in the meantime.

artlaw

Thanks for that, I'm still a bit unsure as to whether I should ask for a Warrant of execution now or wait for a while and see if they do just pay up.

bhoogenberg1

I've claimed against Natwest. The claim was issued on 23/05 and was acknowledged by the bank on the 31/05. Now that 14 days have passed with no defence, does this mean I can now ask for judgement? Or is it 28 days from acknowledgement? Martin's advice is a bit confusing compared with the information on the moneyclaim website! Help!

Stephen_Leak

bhoogenberg1 wrote: »

I've claimed against Natwest. The claim was issued on 23/05 and was acknowledged by the bank on the 31/05. Now that 14 days have passed with no defence, does this mean I can now ask for judgement? Or is it 28 days from acknowledgement? Martin's advice is a bit confusing compared with the information on the moneyclaim website! Help!

Money Claim Online issued your claim (23/05). They then allow 5 days for it to be served (28/05). The bank’s solicitors then have 14 days to respond (11/06). However, their response can be just filing an Acknowledgement of Service. If they do this, their 14 days is increased to 28 days (25/06).

If they file a defence, the claim 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.

bhoogenberg1

Cheers - you are a star!

Time_goes_by

artlaw wrote: »

Thanks for that, I'm still a bit unsure as to whether I should ask for a Warrant of execution now or wait for a while and see if they do just pay up.

I think you should wait. I believe the Courts are clogged up with Warrants of Executions relating to
Barclays, Lloyds and Natwest, and also the Court seems to hold onto the money once it receives it for 28 days.