Timings for MCOL/court

LozBingley

hmo wrote: »

morning all, i filled and paid for my online claim on the 22nd june, ive had confirmation from northampton that my claim was issued on the 25th, and that halifax have upto sunday 14th july?

is that correct that seems alot of days,?

also assuming i dont here from the halifax can i ask for a judgment on a sunday?

your thoughts please

They have 14 days to acknowledge but get 5 extra days to allow for postal delays and MCOL Admin to catch up. So if they have not acknowledged by the 11th of July then you can win with a Judgment by Default.

If they do acknowledge they get another 14 day (28 days in total) to defend but again they get 5 days extra so that takes you to 25th July. So if they do acknowledge but don't defend you can enter a Judgment by Default.

If any of the last days fall on a weekend or bank holiday then the last day becomes the next working day.

On MCOL, once you log in, the last option on the line against your claim says "Start". This will take you to the next step of your on-line claim, in your case the "Judgment by Default" screen. You can go view it now but it will not let you proceed if their time has not run out. Dont click the other option unless you are accepting an offer they have made to you.

Beate

jma39 wrote: »

can i just ask about mcol costs, i had been lead to believe that the costs were between 30 and 130 pounds but i have put my claim in for £4824 plus interest to take it to £5725 and costs come up as "250 ,is this right please

Yes, it is, as your claim exceeds £5,000. Link for court costs here:
http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

danii123

Hi

I am currently helping my dad reclaim his bank charges via moneyclim online. We issued the claim on 26th May 07 and the bank acknowleged the claim on 11th June 07. It is now 14 days since they acknowleged the claim do I start a judgment or do I need to wait a further 14 days?
Many Thanks in advance.

princesskez26

danii123 wrote: »

Hi

I am currently helping my dad reclaim his bank charges via moneyclim online. We issued the claim on 26th May 07 and the bank acknowleged the claim on 11th June 07. It is now 14 days since they acknowleged the claim do I start a judgment or do I need to wait a further 14 days?
Many Thanks in advance.

No as they have acknowledged they have a further 14 days (totalling 28 days) in which time they may submit a defence.

Once the claim is issued, the court allows 5 days for it to be deemed served, the 14 days start from then. If they acknowledge then the additional 14 days come into play making it the 28. If no defence is submitted by the end of the 28 days, then you may request judgement by default,

Hope this helps

Kez

hmo

ok so if they dont contest i can ask for a judgment on the 11th and not the 14th as stated in my northampton letter?

is that right

Beate

How do you get to the 11th?
25th June + 5 days = 30th June, that's a Saturday, + 14 days = Saturday 14th July. However, as this is a Saturday, they will most likely get the weekend as well, so don't be surprised if you can't file judgement until then and the bank files a last minute defence on Monday.

danii123

So they have a further 14 days to the 14 days they have had since they acknowleged the claim?

Beate

The 14 days from the day the claim was deemed served has increased to 28 days.

danii123

So I can start judgement tommorrow?

danii123

Sorry I have just looked back at my claim and see that we started it on 24th May so does that mean we can start judgement now as 28 days was up yesterday?
They had til 12th June to ackowledge they did that on 11th june so another 14 days to make it 28 days was 26th June?