The Mobile Outlet

Quentin

BAILSTA wrote: »

I have given up ringing them and getting the same old bullsh*t, so just doing it this way. When the 28 days is up on the 3rd claim, LBA will be issued, before another MCOL is raised no doubt !!

If you read through the thread you will see that if they have broken the contract by not paying you, (despite you submitting a valid claim), then your MCOL can be for the full amount due (not just the late payment), as their failure to pay as agreed is a fundamental breach of the contract.

DazzaMc

DazzaMc wrote: »

Just to clarify - my 120 days were up last wed - so do I send the bill I was sent last (a few weeks ago) or the next bill I recieve?

anyone?????

mira

Quentin wrote: »

You can ask for judgement on line via MCOL.

If there has been no defence filed, then the judgement will go through. If there has been a response to the summons, then you will be informed of this when you ask for judgement, and the court will send you the defence together with instructions on what to do next.

A defendant can submit a defence at any time prior to the judgement being requested (even if the 14 days since service are up), so it is in your interest to ask for judgement by default as soon as you are able to.

so just to make sure i understand things correctly, the claimant can request a judgment online anytime after the claim has been issued. The claimant doesn't need to wait 14 days before he/she requests to start judgement if the defendant doesn't reply?

Quentin

No - you need to wait 14 days from service before asking for judgement. If you attempt to ask for judgement via MCOL too early, then an error message shows.

You did say the 14 days were up

mira

yes, the 14 days were up...but was wondering if it was possbile to start it before 14 days because the link for starting judgement was there enabled.

So if the defendant didn't file a defence during the 14 days and a judgement has been issued, this will mean that TMO will be obliged to pay. But i am not clear about the fact that you said they can file it after 14 days. Do you mean they can file a defence only if the judgement hasn't been started after 14 days?

Quentin

Yes.

The defendant can put in a defence at any time prior to judgement. The Claimant cannot request judgement until the defendant has had 14 days to reply to the summons.

So if you can ask for judgement by default now (ie the 14 days from service have elapsed), you ought to do it straightaway.

mira

the judgement has been requested. However I was wondering what if the defendant files a defence on the 14th day. I am assuming that it would take time at least 1 working day for the court to inform the claimant about this. Which in this case, the claimant will start the judgement online on the 15th and the court will send him/her the next day 16th information about the defence that has been filed by the defendant on the 14th.

This is the point that I was after. I hope I have made it clear.

Quentin

If a defence is filed prior to the judgement being requested, then the court will notify you, and you won't get judgement by default. The case will continue.

If you ask for judgement (after the Defendant's allowed time to reply to the summons has elapsed), then your request for judgement will be dealt with by the court.

Once your judgement issue has been decided, should a defence turn up later, then the defendant will be told "too late" by the court. (A defendant can try and get a judgement overturned if there are good reasons why the defence has been submitted late - but it would be up to the Defendant to convince the court of the reason for the late submission)

mira

thx for the explanation.

1 more question:

so being able to request a judgement today doesn't mean that the defendant had not filed a defence. So there is a 50 - 50 chance. Either they have submitted it or they haven't. The claimant will get to know this shortly after requesting to start judgement.?

Quentin

Yes - the longer you wait to ask for judgement the more opportunity you give the defendant to get in their reply to your summons.

You won't be penalised for asking for judgement if it turns out the defendant has put in a defence so judgement by default is not possible.