No DEfence Filed and time has run out - help

**chookie** · 27th April 2007 18:19

Hi guys and girls, just looking for a bit of advice.

I issued my claim 19th March , they acknowledged my claim on the 14th March.
On the 21st April their time to enter a defence icon

expired. (33 days from date of issue)
I have just got back from holiday icon

and nothing received from the bank or the court.

I have read the section in the FAQS about judgement by default which conflicts with what MCOL have said.

Can anyone give me advise on what to do?
The FAQS tell em to advise them they have not filed a defence and MCOL say I should apply for judgement as it will force them to pay

Can anyone help I am so confused.

Cheers
Chookie

Similar Threads:

**c_allen** · 28th April 2007 10:32

i'd ring and write to them reminding them, if you apply for judgement, they'll probably ask for a set aside icon

, and get it

**thesergeant** · 28th April 2007 15:55

I would speak to the court and ask for judgment.

They can not just set the judgment aside, they need to show good reason and you can request this to be in a hearing. If it came to it, you could show in the hearing that they have never defended any such claim and they are simply abusing the court system to their own ends.

I have had this same issue with Crap1 I asked the judge to decide as they entered a "late" acknowledgment and notice of intent to defend. Judgment was issued and they have paid up.

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