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Old 14th August 2007, 17:14   #1 (permalink)
zootscoot
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Default ** All Mcol Claims Automatically Stayed **

All claims issued via MCOL will be automatically stayed once a defence has been lodged.

If no defence is filed you can still go for judgment by default.

Further updates as we get them.

IT IS STRONGLY RECOMMENDED CLAIMANTS FILE THROUGH THEIR LOCAL COURT USING N1.

To see how your local court is approaching stays follow this thread:

Find out here if your local court is staying claims
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Old 11th September 2007, 09:55   #2 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

If your claim has been stayed by MCOL you can contact them to request that the case is transferred to your local court. If a request is received MCOL WILL transfer your claim.

Your local court may also order a stay which you may then, if you wish, make an application to lift the stay based on your individual circumstances.

There have been some successes with regards to lifting a stay but also many disappointments. You need to consider your own circumstances as to whether you feel it is appropriate for you to apply to have the stay lifted.
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Old 18th July 2008, 21:06   #3 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

Hi, this is my first post so i hope i get it right. I am about to reclaim from Capital One and was just wondering if it is still advisable to go through the local court via N1 form or is it ok to use MCOL. The reason i am asking is due to the fact that the above posts were made last year and i am unsure whether the situation has recently changed or not.

Thanks in Advance
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Old 18th July 2008, 21:11   #4 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

Milly, I would Issue via County court.

Jogs
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Old 18th July 2008, 21:11   #5 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

There has been no change since this was posted infact prior to this being posted we were advising that you go direct to your local county court due to the lenght of the new POC's
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Old 18th July 2008, 21:21   #6 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

Ok, thank you both for the quick replies. Any ideas on how much it would cost to go through the courts?? My claim is for £992 including interest
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Old 18th July 2008, 21:27   #7 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

Quote:
Originally Posted by millymop23 View Post
Ok, thank you both for the quick replies. Any ideas on how much it would cost to go through the courts?? My claim is for £992 including interest

£65
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Old 18th July 2008, 21:27   #8 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

£65 See here:
http://www.hmcourts-service.gov.uk/c...forms/ex50.pdf
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Old 18th July 2008, 21:30   #9 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

Just click on this link http://www.hmcourts-service.gov.uk/i...ees/county.htm
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Old 18th July 2008, 21:31   #10 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

That's great. Thank you all so much for your help
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Old 2nd August 2008, 23:35   #11 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

hello- i have also posted this on the general but i think here might be more relevant! I have made a claim online and have got a letter today from northampton court saying "it is ordered following the filing of a defence the claim shall be stayed pending judgement in OFT case. it also says that a party affected by this order may apply to have it set aside, varied or stayed within 7 days.
I take this to mean my claim has been automatically stayed and i have 7 days to have it set aside.(please correct me if i`m wrong)

so...i live nowhere near northampton-i`m outside london and my local court (kingston) is on the list of courts that seem to be taking each case as it comes. should i ask for it to be transferred? or is it too late? (i never knew i could have it heard locally!) would i have to do this within this 7 days also??
apologies for the long post! there are so many questions! its a minefield
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Old 27th August 2008, 21:56   #12 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

I phoned my local court today to enquire about filing my claim via the courts but was told that it would be stayed anyway. It didnt dawn on me until later this evening that i never actually stated that my claim was for credit card charges and NOT bank charges. Would this make a difference or are all claims being stayed now?? I was under the impression that there was not a hold up with the credit card claims but i may have misunderstood. I could always phone the courts again tomorrow but thought someone on here might be able to help me!
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Old 27th August 2008, 22:16   #13 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

Creditcard claims should not be stayed as they dont form any part of the oft case
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Old 27th August 2008, 22:31   #14 (permalink)
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Default Re: ** All Mcol Claims Automatically Stayed **

That's exactly what i wanted to hear.

Thank you Saintly 1, you've helped me out yet again!! x
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