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Timings for MCOL/court

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Comments

  • BabyDiesel
    BabyDiesel Posts: 48 Forumite
    Hi ya,

    Same happened to me - no defence or ackowledgement so i issued a default, but that doesn't mean they've to pay me the money - that means it gets transferred to your local court?!?!
    Just thought id let you know that thats wat happened with me because I didn't know it worked that way, i gathered once i pressed that button then they were ordered to pay me the money - NO!!, fraid not?! Don't really see the point in the judgement default thing then if its just gonna get transferred to court anyway? But if means getting back a lot of cash then i suppose its worth it!! ;)

    Anyway - Good luck with the claim and I wish you all the best :beer:
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Please read Beate's post in the Reclaim Help Thread regarding the timings but also keep in mind that the court do allow a day or two extra over the w/end and bank holidays and therefore they can either acknowledge or defend the day after you are allowed to press the "button".

    As regards non-payment, please read the FAQ from MCOL here...

    http://www.hmcourts-service.gov.uk/cms/1051.htm#general
  • clairesolo
    clairesolo Posts: 88 Forumite
    HSBC have filed their acknowledgement on 10th July, can I hit the judgement button now (because it's now been 14 days since then) or do I have to wait till the 7th August (28 days from then)sorry to be thick but I want to get this just right.Many thanks
  • clairesolo
    clairesolo Posts: 88 Forumite
    anyone? If i can go ahead I'd like to do it quickly before they get a chance to get in before me.
  • clairesolo
    clairesolo Posts: 88 Forumite
    ok, if it allows me to hit the judgement start button does that mean i can go ahead?
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    It doesn't matter when it was acknowledged. You have to count 5 + 14 + 14 days from date of issue of claim.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • scarpetta_2
    scarpetta_2 Posts: 15 Forumite
    Hi,
    im just in the process & just got passed the 14 day mark without an acknowledgement from them. Can i now ask for judgement by default?
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    Why don't you just try? The system will let you know if you are too early.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • chris1huk
    chris1huk Posts: 66 Forumite
    i put in a court claim on the 4th of this month.. 27 days ago.
    HSBC have acknowledged this so i had to wait 28 days. the question is do i have to wait 28 days from the day i put the court claim in or do i have to give the extra couple of days that the court site says you have to give above the 14 days(if they didnt acknowledge it that is) to allow it to be served.
    so can i request judgement on the 2nd of august?

    Also i received a part offer.. but it was not a part admission.. do i have to mention this?
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    Date of issue of claim + 5 days (for claim to be deemed served) + 14 + 14. So you are not quite there yet. Once you receive a part payment, you should amend your claim.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
This discussion has been closed.
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