Timings for MCOL/court

lee8040

its ok i have to wait 14 days before i can do any of the above

justlaugh2

I have been using the court not MCOL to file my claim against lloyds. They had until 8th May to acknowledge the claim so i called to make sure they hadnt done so at the last minute. i was told that they hadnt and that i could request a judgement which i did in person on the 9th may. I have called the court a couple of times to find out if there has been any developments and my claim still doesnt have a judgement issued as of today 16th May. The court says they have a huge backlog and to wait another 10-14 days! My worry is that the bank may have indeed acknowledged/ defended my claim and is also caught in the backlog.
I am also worried that yesterdays news about lloyds means they might apply for a set aside!
What can I do? Apart from wait and worry?

Any Help????

Diego

How does one know if the Bank has lodged a defence in the Small Claims Court? How can you check if it has been lodged online? The Claim form states:
"The defendant may defend this claim online. For details see: www.hmcourts-service.gov.uk" I've tried but can't find the info. Where do you look please?

spurs_2

i pushed the button yesterday on hmcs at 4.25am and got judgement.
i looked again that afternoon and found it had been rejected
i phoned today 16.05.07 and asked helpline to explain.
all hmcs online buisness is loaded onto disc and opened at 4pm
my bank sent letter albeit late was open before 4pm and therefore as the lady at helpline put it "i had been piped at the post"
i pass this on because puttint your finger on the button sharpe is of no use.
regards

Stephen_Leak

I am having to work very hard to be impressed with this ...

If I can, I'm going to check mine at 00:01 - and take a screen print!

Wiggynut

This is for Monument Credit Card - I posted it earlier but I'm not getting any response. (If anyone is at this stage let me know - it doesn't have to be Monument)

Notice of Issue:
'Your claim was issued on the 16th April 2007.
Court sent it to the defendant on the 16th April and deemed to be served on the 21st April. The defendant has until the 5th May to reply'

Checked my balance with Monument Credit Card last night and it's still the same.
Moneyclaim online still says 'acknowledged'! I'm assuming the 28 days will end at midnight tonight.

What does it say if Monument want to take it to court?
What happens if I do press 'judgement' tomorrow? :eek:
Does that mean I win by default?
Has anyone else had this happen and how long does it take to receive the money back on my credit card....

anyone??

Stephen_Leak

Not quite yet, I'm afraid.

Your claim was issued on 16/04, and the court allows 5 days before the claim is "deemed" to have been served (21/4). The bank has 14 days to respond (05/05). However, if the bank just "acknowledges" the claim, they get another 14 days on top of this (19/05). They even get this if they "acknowledge" the claim within the first 5 days.

This is intended to allow individuals sufficient time to get legal help and properly defend claims against them. However, the banks (ab)use the system to their advantage.

I am afraid that the bank still has time to put in a "defence" and take the case to court.

Don't panic though. Even if they do, they cannot actually defend it in court, where they would be asked just how much (or how little) it does cost them to administer a default.

All they are doing are delaying the inevitable and, more importantly, wasting the courts valuable time. They usually cough up at the very last minute.

Wiggynut

So I don't get to press judgement button tomorrow then? damn shame!
when do I know when to do this?
thanks for your response

Bec.27

Any one help out there??

I've submitted a claim through MCOL. Received "acknowledgement of service" and that HSBC intend to defend.

They have until this Monday (21st) to file a defence. However I spoke to HSBC solicitor today (very grumpy) who advised they have a back log from February to get through and that I'll need to wait.

What now? Do I contact the courts?

Has anyone experienced the same?

Many thanx
Bec:

dave2007_2

Me too. Got the letter today.

I think they've got 12 days left....