Timings for MCOL/court

jadenicole07

Hi i had exactly the same thing today, mine was rejected because the bank have acknowledged today (apparently they have until 4pm the day you file for judgement)..... where do we go from here and what are the chances of getting any money back?

Stephen_Leak

oakmeadows wrote: »

i have followed all the info regarding the letters and the time scales and i even used money claim online and because the halifax havnt replied within 14 days i asked for judgment to be awarded to me by default and when i came home today went online to check how it was going on money claim online and it says that my judgment has been regected and i can take no more action with claim money online.Whats going on i was told that if the bank hasnt been in contact within the 14 days that i would be awarded by default.So if anyone knows how this works please let me know.Anything would be great.thanks
:mad:

The Money Claim Online website is just an "electronic front office" for the HM Courts Service’s 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

Edinburghlass_2

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

dburns_2

taken nationwide to court using money claim end of may
they acknowledged the claim on the 1/06/2007 that gives them to the 29th june, tried to judgement by default this morning and its saying that it cant be done yet?? any ideas ?? they have had 28 days

princesskez26

dburns wrote: »

taken nationwide to court using money claim end of may
they acknowledged the claim on the 1/06/2007 that gives them to the 29th june, tried to judgement by default this morning and its saying that it cant be done yet?? any ideas ?? they have had 28 days

At what date was the claim issued ?

Kez

princesskez26

dburns wrote: »

taken nationwide to court using money claim end of may
they acknowledged the claim on the 1/06/2007 that gives them to the 29th june, tried to judgement by default this morning and its saying that it cant be done yet?? any ideas ?? they have had 28 days

If yesterday was the 28th day you are able to request judgement at midnight, however, as today is a saturday and not a working day you will have to wait until monday before you can request judgement,

Kez

princesskez26

As per Beate on the reclaim charges helpthread on timings on MCOL which should help you;

TIMINGS ON MCOL

Once you file your claim, you will see this:
Status: Requested
Your claim has been submitted to the court for final validation before being issued.

Then, usually a day later, it reverts to this:
Status: Issued
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply. The court will send you a “Notice of Issue”.

The court allows five days for the claim to be deemed served, even if the bank acknowledges before the five days are over. If the bank does not reply within the 14 days after the claim was deemed served, you can enter judgment by default.

Status: Acknowledged
If the bank acknowledges at any time within those 14 days, they now have 28 days from the date of service of the claim form to file a defence. The court will send you a “Notice that Acknowledgement of Service has been filed”. If the bank don’t defend, you can enter judgment by default after the 28 days are up. If that date falls on a weekend, the court allows one or two extra days for them to respond. You will know if you are too early, as the system will simply not allow you to enter any judgment before the time is up.

Status: Defence
If the bank defends before the 28 days are up, you cannot enter judgment or do anything else online anymore. The court will send you a “Notice of Defence”.
If the bank is just biding time before they send you a cheque (and have told you so in a letter already), you might be sent a “Notice of Defence that Amount Claimed Has Been Paid”. You have to tick the box whether you wish to proceed with the claim or not. Wait until you have the money in your account, then send the form back. You are given a month to do so.
If the bank defends with the purpose to go to court, you will be sent an Allocation Questionnaire which you have to fill in and send back to the court. A court date will then be set which you are required to attend. The bank will either settle with you in any way before the court date, or they will not turn up on the day and you will win by default.

This is how it usually happens. Alterations from the norm are possible of course.

gab55

Hi

I have posted this elsewhere as well, so will keo it short,

Received a letter today from local court, ORDER OR JUDGMENT.

Lloyds have failed to file and serve their paperwork in time scale which was 18/6, the court have extended now for them til 11/7 if they dont comply we win by judgement and court vacated.

How often does this happen and what is the outcome, any comments

Cheers.

Tricks_2

Well today was Halifax's 28th day to reply, so we are leaving it until tomorrow to see if anything comes in the post.. if not will be taking the next step for 'Judgment by default' as they have failed to put in a defence in time.

Was just wondering if anyone had done this and what happened with yours?

Would it be a good idea to ring them once we have taken this step?

Any advice would be appreciated!

Tricks

LozBingley

Tricks wrote: »

Well today was Halifax's 28th day to reply, so we are leaving it until tomorrow to see if anything comes in the post.. if not will be taking the next step for 'Judgment by default' as they have failed to put in a defence in time.

Was just wondering if anyone had done this and what happened with yours?

Would it be a good idea to ring them once we have taken this step?

Any advice would be appreciated!

Tricks

They get about 5 extra days to allow for postal delays and Court Admin to catch up!