What do i do next ?? Woolwich haven't filed defence**WON**

**flossylil** · 30th March 2007 20:56

My claim with the woolwich has until midnight for them to respond as yet they haven't Filed there defence what do i do after midnight ??

Similar Threads:

**CAZKATJOE** · 30th March 2007 21:56

if you read some other threads, it seems they are sometimes a couple of days late and the courts allow it.

**e28bigalbexley** · 31st March 2007 13:41

Originally Posted by flossylil

what do i do after midnight ??

Turn into a pumpkin

**ladybird17** · 31st March 2007 13:54

File judgment against them.

Mumofthreeboys · 31st March 2007 13:56

Originally Posted by ladybird17

File judgment against them.

Before you go for Judgement you should read this http://www.consumeractiongroup.co.uk....html?garpg=13

**Sally Pooley** · 1st April 2007 10:43

Hi, If i was you i would phone the court on Monday to confirm that a defence has not been filed as sometimes if you are checking online it is not always updated straight away.
Sally

**flossylil** · 1st April 2007 13:49

Hi midnight came and went!! they havent put in a defence so i clicked on the "The defendant has not filed an admission or defence to my claim"and i couldnt select that option Why?

**livelylad** · 1st April 2007 13:52

Originally Posted by flossylil

Hi midnight came and went!! they havent put in a defence so i clicked on the "The defendant has not filed an admission or defence to my claim"and i couldnt select that option Why?

Did it allow you to ask for judgement?

**flossylil** · 1st April 2007 13:56

no when i clicked on the The defendant has not filed an admission or defence to my claim button it said the defendent had i4 days to reply but it has said that from day one and on my paperwork from the court that date was yesterday?

**flossylil** · 1st April 2007 14:10

Hi woolwich had untill last night to reply to my claim which they didnt so i clicked on the "The defendant has not filed an admission or defence to my claim" and i couldnt select that option Why?

**hagenuk** · 1st April 2007 14:21

See post #5 before you do anything else

**livelylad** · 1st April 2007 15:26

Check your dates. Its a total of 33 days from when the claim is issued (including the 5 days to serve the claim). If the final day falls on a weekend they get the next working day as well.

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.

**flossylil** · 2nd April 2007 09:55

My 14 days for the woolwich to acknowledge my claim was on the 31st of march. How do you know if they have acknowledged your claim i have not received anything in the post I can not request judgement on mcol. Have tried to phone mcol this morning and there appears to be a problem with there phone line.(says office is now closed will reopen at 9am monday!!) ????

**flossylil** · 19th April 2007 15:54

Just received my defence from Barclays icon

. What is the standard defence they send out as the wording in mine is really worrying :cry:

Many help would be great

**PPMAN159** · 19th April 2007 15:57

Reissue the post in the Barclays icon

section along with the wording on the defence-someone will be able to help you.

**Michael Browne** · 19th April 2007 16:00

Don't worry it will be a standard defence, they're all the same.

**JOSH_IOU** · 19th April 2007 17:33

welcome to the forum.

Please take time to read the faq's
Please find your banks forum and start a thread;
(your user name) V (banks name)
use the template letters in order Stick to the timetable in there.

For instant live help please go to the chat room

Any advice given is purely based on personal experience and if in doubt you should seek further advice from a professional.

If you liked what I have written then please let me know by clicking on the scales!

FAQS

http://www.consumeractiongroup.c o.uk/forum/faq.php

Scotland Issues
http://www.consumeractiongroup.c o.uk/forum/scotland/

Step by step instructions

better safe than sorry!
http://www.consumeractiongroup.c o....tructions.html

Templates

If it aint broke dont fix it!
http://www.consumeractiongroup.c o....lates-library/

Online claim or direct at court?
Getting MCOL Right

Finally good Luck.
jamesrap.

If my advice helps please tip the scales, left.
<<<<<the middle thing.

**elise II** · 19th April 2007 17:51

I have just received an acknowledgement that they intend to defend all of the claim.
I am a little nrevous now too.

**JOSH_IOU** · 19th April 2007 18:10

I have the same request.

Read the court bundle.

re-read the links i posted above and you will be fine if you've followed the steps on the site.

**flossylil** · 25th April 2007 11:31

Please help
Was sure i had done everything write put in claim with mcol (this is where i went wrong i think) Then when i received there defence last week got a bit worried by the wording
There Defence:
""1. The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof. Furthermore they give no recognisable cause of action, nor is there sufficient material to enable Barclays icon

to serve more than a bare denial of liability as a defence. The statement of case would appear to be an abuse of process and or will obstruct the jst disposal of the proceedings and it does not appear to comply with cpr r16.2."

There are 6 other point they have added but i think they are the norm. Then today from my local court i got.

" General Form Of Judgment or Order" Which says" It is ordered that
1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(Stylised particulars do not constitute compliance. The claimant must amend or substitute its particulars of the claim settind out the claimants case in plain english by 8thMay 2007 and in default the claim be struck out without further notice.
if the above order is complied with the defendant has permission to file and serve an amended defence in accordance with CPR16.5 setting out it claim in plain English.
2. claimant shall pay allocation fee of £100.00 by 4pm on 1st May2007.

What have i done
what do i do now?????
Pleeease help

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