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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 27th April 2007, 19:19   #1 (permalink)
chookie
Basic Account Customer
 
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Join Date: Apr 2007
Posts: 6
chookie Novitiate
Default No DEfence Filed and time has run out - help

Hi guys and girls, just looking for a bit of advice.

I issued my claim 19th March , they acknowledged my claim on the 14th March.
On the 21st April their time to enter a defence expired. (33 days from date of issue)
I have just got back from holiday and nothing received from the bank or the court.

I have read the section in the FAQS about judgement by default which conflicts with what MCOL have said.

Can anyone give me advise on what to do?
The FAQS tell em to advise them they have not filed a defence and MCOL say I should apply for judgement as it will force them to pay

Can anyone help I am so confused.

Cheers
Chookie
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Old 28th April 2007, 11:32   #2 (permalink)
c_allen
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c_allen Informativec_allen Informative
Default Re: No DEfence Filed and time has run out - help

i'd ring and write to them reminding them, if you apply for judgement, they'll probably ask for a set aside, and get it
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Old 28th April 2007, 16:55   #3 (permalink)
thesergeant
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Default Re: No DEfence Filed and time has run out - help

I would speak to the court and ask for judgment.

They can not just set the judgment aside, they need to show good reason and you can request this to be in a hearing. If it came to it, you could show in the hearing that they have never defended any such claim and they are simply abusing the court system to their own ends.

I have had this same issue with Crap1 I asked the judge to decide as they entered a "late" acknowledgment and notice of intent to defend. Judgment was issued and they have paid up.

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