Timings for MCOL/court

hooker9

I Served My Claim On The Bank On The 23rd May, I Received An Acknowlegment On The 6th June, Since Then I Have Heard Nothing From The Bank. Am I Right In Thinking That If The Bank Do Not Claim A Defence By The 20th June Then A Judgment Will Be Made Against Them. Will This Be Automatic Or Will I Have To Go Online And Request A Judgment. I Would Be Grateful For Any Help

DenWestie

hold on for a few more days lloyds, will put in a defence.

chloes

Hi there

I started the MCOL process a couple of weeks ago, and my bank was issued with the papers on the 7th June 2007. 14 days is up today, so I thought I could start judgment by it is not allowing me to, saying the time isnt up.

Will it acknowledge on the website if they have acknowledged the claim or anything because I cant find any evidence that they have done so!

Thank you in advance

Chloe x

Riggsy1367

Hi Chloe,

From previous posts I reckon they have until close of business tonight to acknowledge and you can request judgement from midnight.
If I'm wrong someone will correct me.
Good Luck,
R

LozBingley

chloes wrote: »

Hi there

I started the MCOL process a couple of weeks ago, and my bank was issued with the papers on the 7th June 2007. 14 days is up today, so I thought I could start judgment by it is not allowing me to, saying the time isnt up.

Will it acknowledge on the website if they have acknowledged the claim or anything because I cant find any evidence that they have done so!

Thank you in advance

Chloe x

Hi Chloe

MCOL give the bank 5 extra days to allow for postal delays. So MCOL will not allow you to register a judgment by default until the 26th June (14 days +5) if the bank does not acknowledge.

If they do acknowledge then they get till the 10th July to enter a defence. (28 days +5)

However, I have had judgments by default rejected on the day due to MCOL staff loggin the banks paperwork on the same day but after I have hit the button

Note for others.
If this +5 day falls on a weekend or bank holiday the judgment day is the next working day.

chloes

Thanks so much for that!

Another quickquestion, if they do not respond by the 26th of June, do I win??

Wiggynut

I sent back the letter from mycol signed saying I wasn't taking it further after accepting a partial refund.
It was sent via recorded delivery and checking the royal mail site it says that it hasn't been delivered so I've had to resend it today!
I hope it gets there this time otherwise I will lose my case due to the postal system!!! If it doesn't get there this time I'll have to find out if I can fax it.

I'm still waiting for a court date for a different account. over 3 weeks now and nothing!!! some backlog eh!

saintdan76

hi all,

i am after some assistance from you experts please.

i sent the necessary letters to my bank (as detailed on this site) with the same old replies so yesterday i filed a claim with moneyclaim online.

i followed the steps & submitted the claim successfully.

i then paid the court fee of £120. should i have done this immediately?

today i have checked the site & i clicked under where is said claim & it says that my claim has been issued & defendant has 14 days to reply.

then i click on start under where it says judgement and it gives me 2 options:

The defendant has not filed an admission or defence to my claim
(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

or

<TABLE cellSpacing=0 cellPadding=6 width="100%" background=images/spacer.gif border=0><TBODY><TR><TD vAlign=top><TABLE cellSpacing=0 cellPadding=2 border=0><TBODY><TR><TD>The defendant admits that all the money is owed
(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

do i need to select one of these options at this stage?

any help would be much appreciated.

cheers

dan
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LozBingley

If the bank does not reply within 14 days to the court you can click the first option.

But they generally do reply.

After that they get another 14 days to send in a defence

They usually do that too!

You are unlikely to get a Judgment by Default besides the court allow 5 extra days for the bank to respond and their court staff to catch up with administering their system so its really 20 days (although they can technically have 28 days - complicated isn't it!) and 33 days for the defence from the date you registered the claim The banks generally put in their paperwork on the last posible day as to most upset you Even if you do manage to get a Judgment by Default they still have till the end of that working day to get a defence in and you Judgment can be revoked It happened to me!!!

FEDUP_3-2

I have submitted a claim through MCOL. Cap One acknowledged on 22/06/2007. Is this the date from which the clock starts ticking. If so do they have 14 days from this date to enter a defence as I understand from Martins advice from the home page or is it 28 days from this date as it says on the MCOL website that they have 28 days to respond.

Thank You