Considered served 5 days after issuing

eshroom

I've applied to regain funds from a company after exhausting all other options.

No response has been received yet and I went on the MCOL website to see about applying for an automatic ruling in my favour. It says if no response is received within 14 days of the claim being served, an automatic ruling can me applied for.

It continues, a claim is considered served on the 5th day after issuing.

Does this mean if it was issued in a Monday the 5th day is the Saturday (ie on Saturday morning I can apply for an automatic ruling), or does it mean business days, so therefore the ruling could be applied for on Monday?

unholyangel

eshroom wrote: »

I've applied to regain funds from a company after exhausting all other options.

No response has been received yet and I went on the MCOL website to see about applying for an automatic ruling in my favour. It says if no response is received within 14 days of the claim being served, an automatic ruling can me applied for.

It continues, a claim is considered served on the 5th day after issuing.

Does this mean if it was issued in a Monday the 5th day is the Saturday (ie on Saturday morning I can apply for an automatic ruling), or does it mean business days, so therefore the ruling could be applied for on Monday?

It means you can consider them to have received the claim details 5 days after issuing the claim.

The 14 day period would begin at the end of that 5 days as they have 14 days from being served (rather than 14 days from when the claim is issued).

wealdroam

eshroom wrote: »

I've applied to regain funds from a company after exhausting all other options.

No response has been received yet and I went on the MCOL website to see about applying for an automatic ruling in my favour. It says if no response is received within 14 days of the claim being served, an automatic ruling can me applied for.

It continues, a claim is considered served on the 5th day after issuing.

Does this mean if it was issued in a Monday the 5th day is the Saturday (ie on Saturday morning I can apply for an automatic ruling), or does it mean business days, so therefore the ruling could be applied for on Monday?

Surely the fifth day, i.e. Saturday, is the day when it is served?
At least, that's what you have told us.

You then say "14 days of the claim being served", so that is the Saturday two weeks after the thing is deemed to have been served.

shaun_from_Africa

MCOL generally uses calendar days and not working days.

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the ‘date of service’ is the 5th calendar day after issue. Please note, if you have served separate particulars of claim then this may affect the deemed date of service (as above).

http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf

eshroom

Perfect, thanks. I thought this was correct.