Timings for MCOL/court

lilymia79

Hi everyone, i'm a bit stuck with the court process and would really appreciate any advice

Basically i've declined the offer the bank made me and taken them to court, i opened the case on monday (16th) online and have just checked the status this morning and under the judgement section there's a 'start' link appeared.

When i click it says:

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

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.

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.

I have to select one of the above options, i may sound very thick but i don't know which to pick, and don't want to risk choosing the wrong one:o

Edinburghlass_2

You have a wee bit to go before you need press either button, have a read of Beate's post in the Reclaim Help Thread, linked in my signature, which will give you the timings for this.

lilymia79

That's just what i was looking for, thanks very much for your help

jackojacko46

I started my small claims court claim last night. I am still a bit hazy on what happens now. How long do the bank have? What will they do? What do i have to do for now?
Thanks

silentnoise3_2

Hi

I started my claim process back in March against Barclays to the tune of 2,500 and well now I'm feeling very deflated as I think I've finally lost and lost even more cash.

I thought I had almost done everything and could see light at the end of the tunnel and have pretty much followed the advice and guidance from this site from day 1.

A few days ago I had finally got to the stage of entering a judgement by default on money claim as the 14 days had passed so I entered the details and have been waiting.

By chance I logged back on to Money Claim today to find my Judgement has been 'Rejected' for no apparent reason. And now the 'claim' status says the bank acknowledged the claim the day after i entered the judgement for default.

Is this possible, could this be a mistake because i certainly hope so! The site doesn't give any details other than i can view the judgement which the money claim site now says is rejected and I'm not able to take any further action on that claim.. anyone know why? please help

Matt

hooby_groovy

I'm not expert, but it sounds like you had won by default but at the last minute the bank defended and the system is just updating.

Don't worry too much, Halifax defended my claim and then 4 days later settled in full as a 'goodwill gesture'. My best guess is that this is all part of the stalling process

Good luck with it all, keep going, if you've got any queries best to call the court and ask for the exact position of the claim

silentnoise3_2

Thanks for the advice Hooby

I really hope this is something technical and it is just the 'system' updating.
I entered the judgement on the 16/07/07 and then it says the bank acknowledged the claim on the 17/07/07 and then it says judgement rejected
18/07/07!.

I'm happy for the Bank to acknowledge etc and I would fight this all the way however I'm just really concerned as the site is now saying I can't take any further action, It's as though I've been kicked in to Limbo and I'm just not sure what the next step should be.
Maybe sitting tight for a while will bring results..

chump

"The Defendant has 14 days from the date they are served with the claim"

this is the status of my MCOL claim currently since I filed it. That was 9 days ago.

Does the above statement mean 14 days from when I filed the claim or 14 days from when the bank actually get a letter/email/phone call from MCOL to say that they have to defend?

I just wanted to know when I can start a Judgement if they don't file a defence. Although I'm sure they will at the LAST minute :rotfl:

Thanks
Marc

Mackem1053

The 14 day period elasped for Halifax to acknowledge my claim so immediatly asked for judgement by default on both my claims and MCOL said i was now entitled to do so. It just so happened that halifax acknowledged at the very last minute so my request for judgement was rejected.

It now says i can no longer continue with my claim online.

Jsut wondering if anybody else has had this happen to them as i am a bit in the dark what to do next

Thanks in advance.

Mack

Mackem1053

Taken from MCOL tutorial help:-" Once you have submitted your request for judgment by default, MCOL will deal with your request. Where it is received before 9am on a day when the court is open, the request will be processed at the end of the day: where it is received after 9am, it will be processed on the next day (again, at the end of the day) when the court is open and may not appear on MCOL until the following day (see viewing the progress of a claim).This means that, if the defendant files a response (an acknowledgment of service, a defence or a part admission) with the court by 4pm on the same day as your request is to be processed, the response will take priority over your judgment request."SURELY AS SOON AS YOU FILE FOR JUDGEMENT YOU SHOULD WIN BUT ACCORDING TO THIS IF THEY REPLY BY 4PM THE NEXT DAY YOU DONTMack