Why Can't I Do A Judgement By Default???

**iwgunter** · 14th March 2007 09:04

I have done a MCOL against Halifax icon

and it was issued on the 27/02/07 and I now want to start the judgement against them as "The defendant has not filed an admission or defence to my claim", but it says:

You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence icon

or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

According to my calculations, it has been 15 days from the 27/02/07.

The 27th was a Tuesday - does that matter?

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Mumofthreeboys · 14th March 2007 09:14

You used MCOL, that can take up to 5 days to be deemed served. Do you know when it was served?

**iwgunter** · 14th March 2007 09:42

Forgot about that bit.

I can't find on the MCOL site where is gives a date served. Does it only tell you on the form they post to you?

**GuidoT** · 14th March 2007 09:51

In case you are not aware and as you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

The Court Manager,
Money Claim On Line
Northampton county court icon

21-27 St. Katharine's Street
Northampton
NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest icon

claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,

(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

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