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i'll chuck this post in here as some 1 will know what i'm after,
there was/is some where on CAG about courts times,
i've taken b-card to court for harassement as they keep buging the hell out of me for money whilst they remain in default for a cca.
any way, court papers were deemed served on sun 9th dec so assume 10th?
they are defending wat i wana know as they have 28 days to defend from service (9th dec) does this actually include bank hols, i.e xmas? if not then 28 days are up this sunday.
AFAIK, the 'date of service' is taken to be 5 days after the 'date of issue' of the claim form by the court. The defendant then has 14 days from the date of issue to acknowledge the claim. If the defendant acknowledges the claim form within that period but elects to defend the claim, he then has a further 14 days to submit a defence.
I think the days include bank holidays, weekends are certainly included, therefore I would imagine that if the claim was deemed as served on a Sunday that would be OK.
That is the standard procedure but I think the time for entering a defence might be allowed to be extended under certain circumstances if the defendant makes an application to the court.
No doubt someone with far greater knowledge will correct me if I am wrong or add to this to clarify the rules.
the 28 days starts after 5 days and that's it... 7th January... so I'd stay up at midnight on the night of the 7th/8th and see if I could get the default judgment in then..
hehe just what i wanted to hear thankyou. mcol is being up graded because i want to issue crap1 with harrasement. mcol was spose to be up and running on 31/12 they now saying the 7th. so i'll prob have to ring mcol to default
AFAIK, the 'date of service' is taken to be 5 days after the 'date of issue' of the claim form by the court. The defendant then has 14 days from the date of issue to acknowledge the claim. If the defendant acknowledges the claim form within that period but elects to defend the claim, he then has a further 14 days to submit a defence.
I think the days include bank holidays, weekends are certainly included, therefore I would imagine that if the claim was deemed as served on a Sunday that would be OK.
That is the standard procedure but I think the time for entering a defence might be allowed to be extended under certain circumstances if the defendant makes an application to the court.
No doubt someone with far greater knowledge will correct me if I am wrong or add to this to clarify the rules.
Rob
Rob.
On the court papers l have when l was taking ppl to court it says two working days after service they are considered as served.
I dont know if this is different if it is served by MCOL or not but my case was done in person via the court paperwork being sent/delivered buy me to them.
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
can't find letter from court but i do remember it saying deemed as served from 5 days of their letter. if nowt in post monday i'll click the default button on mcol site if it still not on-line i'll give mcol a buzz
grrrrrrrrrrrrrrrrrrrrrrrr rrrrr MCOL site PAIN in arse, been tryinhg to log on all day since about 6 to default. managed to log on mcol 20 mins ago, HORRAY I thought.
went to start judgement section, it says i can default them
getting better and better.
filled judgment form and clicked sumbit
YIPPPPPPPPPEEEEEEEEEEEEEE EEEEEEEEEEEE
i wish, got sommit back bout an technical error and it couldnt submit the form,
just as well i decided to print the N225 form off and got it into last post 2nite.
i just find it so funny, when ever companys ugrade their systems it never works, had this with power company few weeks ago, another 1 was that airport control place down south.
wish they get proven systems or just stick to the ones they they got that they know works
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
that the funny thing, yes i put down on summons about not providing a cca but i actually took them to court for harassement by telephone, on POC i even quoted a comment from a barclay employee, "we will only call you more" amongst other things like requesting 7 times over the telephone 2 times by recorded delivery letter and final (lba) letter by special delivery, they kept ignoring it
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
lol thats why i put it on the claim form, thing is they never said nothing, got no letters, no defence, nowt to settle out of court. BUT most importantly no telephone calls, after receiving letter from mercers i rang them to have a go, mercers said they have no telephone number so can i give them one, THEN i told court action taking place, they said where did you send it,
head orfice i said, she said thats why it not gone to barclay card orfices some where else,
strange when i took em to court last march all letters was sent from level 29 at head orfice so she was just talkin out her orfice as well
managed to get onto MCOL this morning and requested default issued, popped on tonight and site totally down now so lucky i got that in.
ok getting interesting now, managed to get on to mcol today just to find out judgement has been rejected, Barclays has NOT filed a defence, all it says on mcol that no further action can be taken online, i would guess that it will goto local court now,
bit weird, i filed a claim for harassement, barclays failed to defend
Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.
Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
old man waiting to hear from them, i acutally think it more case of how can judgement be given for harassement or breach of tele com act 127. i'll get POC done in a sec, my bet it need redoing
The Defendant is refusing to cease
Telephoning the Claimant despite requesting
7 times over the telephone, 2 recorded
delivery letters and 1 special delivery
letter to cease telephone calls and to
communicate by letter only. Their response
was We will only call you more
Based on this Barclays Bank Plc are in
Breach of:
Telecommunication Act 2003 s127(2)
Harassment Act 1997 s1(2)
Consumer Credit Act 1974 (Failing to supply
A properly executed credit agreement in the
Timescale as set out in the act)
I am seeking #150 compensation (at the
Courts discretion) for unwarranted stress
28 days later (no not the film :D )**WON**
about courts times,
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Originally Posted by robcag
