mcol/default judgment question

**susiep** · 6th February 2007 16:50

Hi, i submitted my moneyclaim 0n 5th Jan, and it was deemed served on 10th jan - i had an acknowledgment stating intent to defend on 16th jan. Since then i have heard absolutely nothing - am i right in thinking that tomorrow i can apply for default judgment? And that they are likely to get their defemce in at literally the last minute? Is this standard RBS icon

stuff?

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**dollies01** · 6th February 2007 16:57

No its 28 days
then you can file for judgement

**susiep** · 6th February 2007 16:58

i thought it was 28 days from date of service, which if it was 10th of jan would be tomorrow, i think

**Greekos74** · 6th February 2007 17:03

Its 14 days from the date of service which is calculated as 5 days after the intial request unless is was specifically served on them before that I believe. Unless they file an acknowledgement of service which then gives them an extra 14 days.

**dollies01** · 6th February 2007 17:06

sorry!

If they file an acknowledgment icon

of service within 14 days of service of the particulars of claim, this extends the time for filing a defence to 28 days from service of the particulars of claim.

**HydraUK** · 6th February 2007 17:07

They get 28 calendar days from service to submit defence, if they don't you can go for default judgement.

They usually leave it to the last minute though - in my case defence was due on Friday but I didn't get it until Saturday.

Even if you get judgement it is likely that they will apply for a set-aside icon

. I believe you get an input into the decision on set-aside so it might be worth pointing out (I read this in a thread here somewhere) that the banks tend to use this tactic as a delay and inevitably settle out of court in any case.

Some Judges are refusing set-asides because of this delaying tactic.

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