Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    susiep Novitiate



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    Default mcol/default judgment question

    Hi, i submitted my moneyclaimicon 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 RBSicon stuff?

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  2. #2
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    Default Re: mcol/default judgment question

    No its 28 days
    then you can file for judgement

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    Default Re: mcol/default judgment question

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


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    Default Re: mcol/default judgment question

    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.


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    Default Re: mcol/default judgment question

    sorry!

    If they file an acknowledgmenticon 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.

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    Default Re: mcol/default judgment question

    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-asideicon. I believe you get an input into the decision on set-asideicon 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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