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mrpenguin

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Everything posted by mrpenguin

  1. Can anyone advise on the previosu post - there is no guidance on the MCOL webite in terms of waiting to issue a warrant if it has been issued and the queue to get through to the support poeple is horrendous! Also is it worth contacting them to ask if they want to sort out sooner from the perspective of not having the CCJ against them if they settle in 30 days from issue or having bailiffs turn up at their premisis!?
  2. Thanks DonkeyB, I thought that as the option to issue a warrant is there on MCOL that it is available to use now? Also I chose the option to receive payment immediately when requesting judgement, so how long could I / should I wait until taking it to the next stage? Thanks
  3. so does this mean I've "won by default" - is there anything else I need to do? Should I contact the defendants and offer the chance to settle direclty or just go ahead and issue a warrant? I'd like to get this wrapped up asap really so any comments/input much welcomed!
  4. Hi slick132, Just checked MCOL and it looks like the courts have now processed the judgement as it has been updated to 'Issued' - the option now to 'Request a Warrant' is available...all very exciting I've never gone this far before with a claim so not sure what to do...any advice please? Thanks Mr P
  5. The request for judgement has not been updated on MCOL over 24 hours later. I was of the understanding that the judgements were processed at the end of each day and so mine was submitted just before 10am yesterday. Can anyone advise if I can expect the status or outcome be updated later today or if judgement has not yet been passed? Regards Mr Penguin
  6. I waited until this morning and have noted no defence filed on MCOL so I attempted a 'request judgement' which has now been submitted. Can anyone advise if I will now win by default or could the claim still potentially be rejected/struck out while under judgement (even if the defendant still does not submit a defence)? If the latter is the case is it possible to amend the claim or do I need to start again? Anyone...?
  7. Can anyone help, please? Deadline for defence to be submitted by defendant is today but it looks like they will probably leave it to the 11th hour again.... In the unlikely event they miss the deadline can I request judgement? Regards Mr Penguin
  8. Help or advice please, defence deadline is tomorrow.... :-S
  9. Can anyone advise what I need to do incase the defendant does not submit their defence by the required date?
  10. I think this thread has been moved to the wrong area?
  11. The defendant has filed an acknowledgement as expected on the day of the deadline, the 22/12/2010. Looking at the acknowledgement, the defendant has responded using MCOL by an appointment company representitive but they signed it as the company name with no reference to a person or a position within the company - is this correct, should they not be stating their name & position (does this invalidate their acknowledgement)?
  12. Well today is the deadline day for acknowledgement which has not been received according to MCOL - I tried to request a judgement but it stated I must wait the required number of days before entering a judgement by default... I guess it wants me to wait until tomorrow (see time line in post above)? If I do enter judgement tomorrow do I need to wait for it to be 'processed' or is that it, can I assume I have what I wanted/requested or is there any reason it will not be approved? Also, can I request an enforecment and if so, can I claim this cost too? Any advice/help apprecaited
  13. Just to verify, the claim was submitted on 02/12/2010 and issued on 03/12/2010. If I have understood correctly it is deemed as served 5 days later which is the 08/12/2010 which gives the defendandt 14 days to respond after service - taking it to 22/12/2010. Do I request judgment on 22/12/2010 or wait until 23/12/2010 (The MCOL status is stilll showing as issued)?
  14. Hi DonkeyB, Thanks for your response. Yes, the deadline I set was missed and over the following week I sent them a further 3 emails chasing with no reponse so the claim was submitted. A further 5 days later they advised that they would be issuing the refund which was received a few days after that. I did reply to their last email advising them that the claim had been submitted and to contact to discuss once they had read it but unsurprinsingly no further communication has been received from them...
  15. Hi there, After several weeks of chasing a refund from an online purchase I submitted a claim via MCOL. Since the claim was submitted the defendant has issued a refund but I am still out of pocket on my costs. The claim doesn't appear to have been acknowledged either with tomorrow being the deadline... I know lots of companies leave it to the 11th hour to file an acknowledgment but just incase, do I still request a judgement and if so do I need to advise the amount required is now reduced etc? Thanks in advance Mr Penguin
  16. Hi Snowynat, I didnt take it any further to be honest - the carpet was absolutely rubbish and of poor spec and in my opinion not fit for the purpose it was intended. I did consider going to a small claims court and in fact haven't ruled it out yet. Personally I've never heard of carpet flattening out like this before but with more and more cheap alternatives out there it is a case of you get what you pay for. In the end we got a different carpet in. Hope you make some progress, let me know how you get on.
  17. Thanks for your comments - looking to submit the court papers this week....will keep you updated
  18. Hi Steve__M, they claim they posted notices on the caravans that were to be removed/disposed of. No notice was given directly to my father-in-law so as far as he is concerned no noitce was given but if they claim they did give some notice, we have to argue it was not reasonable.
  19. Thanks, we have a schedule of the breakdown of the cost of the caravan an its contents (which we did post to the 'defendant'). Is it better to issue the claim using using MCOL or print the N1 form and take it in to the local court offices? By that I mean is it better to include more detail or just keep it short and concise without too much blurb? I wont be speaking on his behalf in court but just doing all the leg work for him. He wont be claiming interest on the sum either. Cheers
  20. Update - help needed: Hello All, Please see below draft POCs. I'm not sure if these full cover the issue or indeed contain enough detail. Also would it be better to use the MCOL service or complete the forms by hand and take to the courts? Any help/advice and thoughts greatly apprecaited: 1. The Claimant commenced use of the Defendant’s services around X which comprised of payment for secure storage of a caravan 2. The Defendant has disposed of the Claimant’s caravan and possessions therein without reasonable notice of its intention to do so. Since the Claimant discovered
  21. Thanks Monster. I'll looking for some help with the P.O.C although I can draft these up if there are any volunteers to cast an eye it over or give some input I'd greatly apprecaite it?
  22. Update: A response was received yesterday from the new company. They seem to be going over the same ground but the main points they make are as follows: 1) They have no records and we have no proof that the caravan was actually there 2) They have no records and we have no proof that if it were there, it was stored there legally The make a point of stating that there were some old caravans there but these were 'clearly abandoned' and disposed of - but no caravan matching our description was there. The letter itself is quite rude and unprofessional. It even makes referenc
  23. Thanks Sindwinder, that was my thinking too so will just sit tight for now and just see how things pan out. If naything changes then I'll post an update. Thanks again
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