Timings for MCOL/court

Stephen_Leak

dk67 wrote: »

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:

As their deadline expired on Saturday, they get the Monday (ie. today).

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.<O:p</O:p

dk67

just went back on MCOL and they have defended :mad: :mad: :mad:

Now what?? So close yet so far:mad:

Stephen_Leak

dk67 wrote: »

just went back on MCOL and they have defended :mad: :mad: :mad:

Now what?? So close yet so far:mad:

B*gg*r.

Your claim will be transferred from Northampton</ST1:p (where Money Claim Online are located) to your local county court and a date set for the hearing.

You will be sent a copy of the defence.

The next step is to start getting your court bundle up together. This is basically three copies of everything you already have: your list of charges, your letters to the bank and any letters from the bank. Depending on the actual defence, you might need some other more legal documents. Please read the Court Bundle Checklist thread.

Michelle_Owen

Hello,

I was hoping that someboby would be kind enough to advise me on whether or not they think that I will be successful in reclaiming my bank charges from the Halifax Plc.

I have sent the relevent letters and only received one response which was a mass produced computer letter and from that an LBA was issued without a response. I then went on to submitt the court forms and the Halifax came back with a offer of £987.00, quite a shortfall in the £2300.00 which i have claimed for.

I refused and subitted the court response form stating that I did not accept the offer of payment and wished to continue the action for the full amount due.

I have since received notification from the court, which is "Notice that Acknowledgement of Service has been Filed". The form goes on to state that "the defendent filed acknowledgement of service on the 20th June 2007. The defendent responded to the claim indicating an intention to defend all of the claim. The defendent has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence. The acknowledgement was filed by solicitors acting for the defendent who have given the following name and address for the service of documents......."

Can you tell me if this is a standard response? I have read on the forum that the Halifax have more or less paid up once the court forms have been received. I'm getting worried now that I will end up with nothing!!!!

I look forward to your comments.

Many Thanks
Michelle.

Stephen_Leak

Michelle_Owen wrote: »

Hello,

I was hoping that someboby would be kind enough to advise me on whether or not they think that I will be successful in reclaiming my bank charges from the Halifax Plc.

I have sent the relevent letters and only received one response which was a mass produced computer letter and from that an LBA was issued without a response. I then went on to submitt the court forms and the Halifax came back with a offer of £987.00, quite a shortfall in the £2300.00 which i have claimed for.

I refused and subitted the court response form stating that I did not accept the offer of payment and wished to continue the action for the full amount due.

I have since received notification from the court, which is "Notice that Acknowledgement of Service has been Filed". The form goes on to state that "the defendent filed acknowledgement of service on the 20th June 2007. The defendent responded to the claim indicating an intention to defend all of the claim. The defendent has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence. The acknowledgement was filed by solicitors acting for the defendent who have given the following name and address for the service of documents......."

Can you tell me if this is a standard response? I have read on the forum that the Halifax have more or less paid up once the court forms have been received. I'm getting worried now that I will end up with nothing!!!!

I look forward to your comments.

Many Thanks
Michelle.

Yes, it is only too standard, unfortunately.

As they have acknowledged, 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.

Please note that intending to defend a claim and filing a defence are two different things.
</O:p<O:p</O:p
If they file a defence, the claim will be transferred from Northampton</ST1:place (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.

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.

nicola_wattie

Hi Guys

This is the first time i've posted anything, but i do have one question (for now!)

I have started a claim against Abbey, which was served on 4th June, i've been told that Abbey now have 28 days to submit a defence.

Can anyone tell me if this is 28 day from the date the bank was served or 28 days from when the bank acknowledged the claim?

Edinburghlass_2

Please read the post by Beate in the Reclaim Help Thread, you'll find this linked in my signature, this post gives you the MCOL timings.

Edinburghlass_2

Have a read of Beate's post in the Reclaim Help Thread regarding the bank acknowledging your claim you are still a long way from getting a court date as yet and needing to fill in forms as they may not even defend the case.

Have a read of the NatWest thread and its probably worth while phoning them and asking if they will settle your case without going to court.

Stephen_Leak

Luker wrote: »

Hi,

I made a claim against the Natwest, 14 days were up yesterday but they acknowledged yesterday (ahhh). What will I need to do now?

Will the court send me out a form to fill in is this the N150 or N149?

Also someone said I may have to pay another £100 (paid £120 to the court already!)

Also what will I need to put in this form some people are saying to write a paragraph in the comments section but I dont understand this completely?

Will the banks normally make an offer before the date is set or after?

Any help would be amazing thanks in advance chaps.

Many thanks,

Luke.

Acknowledging just "buys" the bank's solicitors an extra 14 days. Intending to defend a claim and filing a defence are two different things.

If they file a defence, the claim will be transferred from Northampton</ST1:p (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:pA lot of courts aren't using Allocation Questionnaires and charging the extra £100 any more, as they now know what these cases usually involve, how long they usually take and that the bank’s solicitors usually don't turn up.

The banks can make an offer at any time. They usually leave it until the very last minute, just to be awkward.</O:p

Edinburghlass_2

If the claim is more than £1500 the £100 will still be payable even if an Allocation Questionnaire isn't required as per this...

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm