Timings for MCOL/court

princesskez26

grayclose31 wrote: »

I filed 3 claims with MCOL against Barclays and they were issued on 14/05/06. All three claims were acknowleged on 01.06.07.

Since then they have only defended one of the three claims.

By my calculations the only had until yesterday 15.06.07 to defend the other two claims which they have not done.

I have tried this morning to advance my un-defended claims by clicking on the button that would allow me to claim a victory by default (The defendant has not filed an admission or defence to my claim).(Judgment by Default).

This is where the problem starts, as i get to the next screen and it says -


You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

I don't understand why i am not allowed to continue at this time.

Have i got my dates wrong or is it because it's a weekend?

I would like to be able to claim a judgment by default before the end of the weekend if i can.

Can any one help me please.

Thanks to you all.

What date was it deemed served ? It is 28 days from the date it was deemed served if you received an acknowledgement

Kez

grayclose31

I filed 3 claims with MCOL against Barclays and they were issued on 14/05/06. All three claims were acknowleged on 01.06.07.

Since then they have only defended one of the three claims.

By my calculations the only had until 15.06.07 to defend the other two claims which they have not done.

I have tried yesterday and this morning to advance my un-defended claims by clicking on the button that would allow me to claim a victory by default (The defendant has not filed an admission or defence to my claim).(Judgment by Default).

This is where the problem starts, as i get to the next screen and it says -


You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

I don't understand why i am not allowed to continue at this time.

Have i got my dates wrong or is it because it's a weekend?

I would like to be able to claim a judgment by default before the end of the weekend if i can.

Can any one help me please.

Thanks to you all.

Edinburghlass_2

Its the same answer today as it was yesterday and the day before. You cannot do it over the w/end as the bank are given until tomorrow to file a defence and indeed more than likely they will. Please read the Reclaim Bank Charges thread where this is explained by Beate and try reading the FAQ of MCOL.

http://www.hmcourts-service.gov.uk/cms/1051.htm

penguin83

Weekends and Bank Holidays are included in the time scale. When we served claims on defendants over the christmas period they were given 2 days for service by Royal Mail. It seems a bit harsh sometimes but in the case of reclaiming bank charges nothing is too harsh! x

penguin83

Sorry I should have said these are local county court rules - I know the bulk centre use 5 days for the service if their claims as they use a print centre as well to produce the paperwork whereas we just post out same day as issue x

spikeyhedgehog

My claim at court is up today .I haven't heard anything form Halifax bank
my papers were issued on 01/06/07 and served on 04/06/07 giving them till the 18/06/07 to reply,as this is today do they have till the close of business today or should I have heard by today?.
do I issue my request of judgement today or wait till tommorrow???
any help please can i book my holiday yet

Stephen_Leak

spikeyhedgehog wrote: »

My claim at court is up today .I haven't heard anything form Halifax bank
my papers were issued on 01/06/07 and served on 04/06/07 giving them till the 18/06/07 to reply,as this is today do they have till the close of business today or should I have heard by today?.
do I issue my request of judgement today or wait till tommorrow???
any help please can i book my holiday yet

Not quite yet, I'm afraid.

If the deadline expires on a weekend, they get the Monday. Are we sure the claim was served on 04/06? They usually allow 5 days.

You could be in for a late night. The deadlines for applications for judgements are midnight.

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.

spikeyhedgehog

Stephen_Leak wrote: »

Not quite yet, I'm afraid.

If the deadline expires on a weekend, they get the Monday. Are we sure the claim was served on 04/06? They usually allow 5 days.

You could be in for a late night. The deadlines for applications for judgements are midnight.

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.

on my court papers it says....
your claim was issued on 01/06/07 the court sent it to the defendant by 1st class post on 31/05/07 and it will be deemed to be served on 04/06/07 the defendant has till the 18/06/07 to reply....
should i give the court a call to see if they have received anything
I didnt do it on the mcol site but through my local c/court

RossHarris

hi - on friday i submitted on money claim for a claim against LLoyds TSB
it now says 'start 'under judgement. do i need to do anything or just wait and see if they defend within 14 days? when does the 14 days start and how do i know when ithas started? any help is greatly appreciated. thankx

dhdesignsuk

Further to my last post, I am please to say that Abbey did not responsed and as a result my judgment request has been accepted. I have now requested that they settle in full immediateley, however I am not sure how long i should wait before I issue a Warrant of Execution. Any advice or similar stories are most appciated.:cool:

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