Timings for MCOL/court

vickyp_2

Morning all,

I lodged my bank charges claim with MCOL and it was acknowledged by HSBC on the 1st June. Is it 28 days from this date that i can obtain judgement by default?

andypandyy

:rolleyes: i've startred court action against the Halifax,it was filled on the 6th June, but as yet they haven't acknowledged. Why? And how long wait do i have before i can claim against default. As the other one i filled court action was acknowledged acouple of days later.

give-it-a-go

Good Morning Vicky,

You should be able to obtain judgement now, MCOL will not let you continue if the correct time has not passed but in your case I think it has.So simply click to obtain judgement if it allows you to continue then great if it doesnt try again tomorrow

Give-it-a-go

Stephen_Leak

andypandyy wrote: »

:rolleyes: i've startred court action against the Halifax,it was filled on the 6th June, but as yet they haven't acknowledged. Why? And how long wait do i have before i can claim against default. As the other one i filled court action was acknowledged acouple of days later.

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.

<O:p</O:pIf they file a defence, the claim will be transferred from <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:City w:st=[/IMG]<ST1:pNorthampton</ST1:p</st1:City> (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.<O:p</O:p

Stephen_Leak

vickyp wrote: »

Morning all,

I lodged my bank charges claim with MCOL and it was acknowledged by HSBC on the 1st June. Is it 28 days from this date that i can obtain judgement by default?

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 claim will be transferred from <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:City w:st=[/IMG]<ST1:pNorthampton</ST1:p</st1:City> (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.<O:p</O:p

katepnlo

It says on my court papers that halifax has until the 25th June to defend,this is obviously tomorrow,
timing wise can i file first thing? at close of business or will it be on the 26th once the 25th has gone?
thanks
kate

LozBingley

FEDUP wrote: »

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

Go back to MCOL and sign in. If their time is up it will let you go to the next stage but they get 28 days (plus 5 to allow for post and admin by MCOL)

katepnlo

anyone?
kate

princesskez26

katepnlo wrote: »

It says on my court papers that halifax has until the 25th June to defend,this is obviously tomorrow,
timing wise can i file first thing? at close of business or will it be on the 26th once the 25th has gone?
thanks
kate

You will be able to request judgement at midnight tomorrow if they have not submitted a defence, as I believe

Kez

dk67

please could someone help??

filed claim on MCOL on 21st of may.

ok i know we allow 5 days for it to be served

then 14 days to acknowledge (which Barclays did on the 13th day)

that gives them another 14 days to defend .......



THEN HOW COME ..... it is now 25th of June and MCOL still wont let me proceed to request judgement?

I make today 30 days since the claim was served...:mad:

PLEASE HELP - i am so worried that the bank will defend this morning while i am trying to sort this out:eek: