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Old 16th December 2006, 17:01   #1 (permalink)
sharontaylor
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Default can anyone advise with MCOL query??

today is the final day for a response from HSBC on my MCOL. I've heard/received nothing from HSBC and MCOL status says"

Issued
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply."

Does this mean that HSBC haven't acknowleged my claim (sorry for being thick!) What should i do next? Would be grateful for any advice.
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Old 16th December 2006, 17:09   #2 (permalink)
Michael Browne
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Default Re: can anyone advise with MCOL query??

Quote:
today is the final day for a response from HSBC on my MCOL
Are you sure? Deemed date of service is 5 days after you file at MCOL and acknowledgement 14 days after that. So on that basis you filed on 27th Nov?
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Old 16th December 2006, 17:16   #3 (permalink)
sharontaylor
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Default Re: can anyone advise with MCOL query??

Yes. Quoting from Notice of Issue:-
"Claim issued on 27th Nov. Deemed to be served on 2nd Dec. The defendant has until 16th Dec to reply""
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Old 16th December 2006, 17:19   #4 (permalink)
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Default Re: can anyone advise with MCOL query??

Well I would imagine they have acknowledged - check again Monday. May be that MCOL is just not updated yet. Thing is if they haven't acknowledged and you get judgement by default they will apply for a get a set aside and this will delay your claim.
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Old 16th December 2006, 17:32   #5 (permalink)
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Default Re: can anyone advise with MCOL query??

thanks for advise. will check on monday and go from there.
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Old 16th December 2006, 17:48   #6 (permalink)
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Default Re: can anyone advise with MCOL query??

Quote:
Originally Posted by sharontaylor View Post
today is the final day for a response from HSBC on my MCOL. I've heard/received nothing from HSBC and MCOL status says"

Issued
Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply."

Does this mean that HSBC haven't acknowleged my claim (sorry for being thick!) What should i do next? Would be grateful for any advice.
Ok you really need to start a thread in your banks forum. Aslo p[lease check your dates as Michael said. If today is the last day then its a weekend so they also get the next working day (Monday) so you can not file until midnight on Monday .
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Old 18th December 2006, 20:09   #7 (permalink)
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Default Re: can anyone advise with MCOL query??

Status has remained unchanged as of 7pm this evening. Can I press the judgement button?
Also, how can i move this post to HSBC thread?
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Old 18th December 2006, 20:11   #8 (permalink)
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Default Re: can anyone advise with MCOL query??

Quote:
Originally Posted by sharontaylor View Post
Status has remained unchanged as of 7pm this evening. Can I press the judgement button?
Also, how can i move this post to HSBC thread?
Ok if you are sure of your dates then you can apply for judgement. The system will not allow you to ask for judgement if the dates are incorrect.
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Old 19th December 2006, 20:18   #9 (permalink)
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Default Re: can anyone advise with MCOL query??

Pressed the button this morning and judgement by default has been accepted. What happens next?
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Old 19th December 2006, 20:35   #10 (permalink)
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Default Re: can anyone advise with MCOL query??

If the defendant chooses not to respond to your claim, you can request judgment by default, online. MCOL will prevent you from doing so until 14 days from the date of service have passed, or 28 days where the defendant has filed an acknowledgement of service. The date of service is calculated to be 5 days from the date your claim was issued.
You may request judgment by default through Money Claim Online by selecting the Judgment Start option
You will be asked to decide whether you want the defendant to pay your claim by instalments or in one lump payment. If you have claimed interest as part of your original claim (i.e. you included details of interest claimed in the Particulars of Claim), you are entitled to claim interest from the date of issue up to the date you are requesting judgment.
Once you have submitted your request for judgment by default, MCOL will deal with your request. Where it is received before 9am on a day when the court is open, the request will be processed at the end of the day: where it is received after 9am, it will be processed on the next day (again, at the end of the day) when the court is open and may not appear on MCOL until the following day (see viewing the progress of a claim).
This means that, if the defendant files a response (an acknowledgment of service, a defence or a part admission) with the court by 4pm on the same day as your request is to be processed, the response will take priority over your judgment request.
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Old 19th December 2006, 21:04   #11 (permalink)
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Default Re: can anyone advise with MCOL query??

Looks to me like youre a lucky girly!!!

See my thread here: Fullyskinted vs Barclays **WON**

and the Step by STep Instr if you havent already seen them...

http://www.consumeractiongroup.co.uk...tructions.html

Good luck! Keep us posted! Ive had my claim acknowledged late last week
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Old 22nd December 2006, 15:45   #12 (permalink)
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Smile Re: can anyone advise with MCOL query??

checked telephone banking this morning and money was in account (£935)!! went straight to bank, took cash out and closed the account. Thanks for advise people.
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Old 22nd December 2006, 16:07   #13 (permalink)
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Default Re: can anyone advise with MCOL query??

Quote:
Originally Posted by sharontaylor View Post
checked telephone banking this morning and money was in account (£935)!! went straight to bank, took cash out and closed the account. Thanks for advise people.
Excellent - was this the whole amount you claimed including court costs?
I will ask for title to be changed to won and thread moved to HSBC forum.
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Old 22nd December 2006, 17:11   #14 (permalink)
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Default Re: can anyone advise with MCOL query??

Yes, full amount including interest and court costs. In initial stages they sent 'standard' reply letters; no response to LBA; then no response to MCOL. Whole process took 2 months.
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Old 22nd December 2006, 17:23   #15 (permalink)
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Default Re: can anyone advise with MCOL query??

Well done. Good result. Enjoy your refund.

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Old 23rd December 2006, 08:59   #16 (permalink)
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Default Re: can anyone advise with MCOL query??

thanks for advise everyone, especially in latter stages. have sent a little donation to the fund. Thanks again
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Old 29th December 2006, 19:28   #17 (permalink)
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Default Re: can anyone advise with MCOL query??

Well, the have until 1st jan to submit a defense, but seeign as theyres no more banking days and theres no response from them on MCOL, Looks like Ill be clicking 'default' as of 6pm on Monday
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Old 29th December 2006, 21:17   #18 (permalink)
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