28 days later (no not the film :D )**WON**

[mrmarmite]

i'll chuck this post in here as some 1 will know what i'm after,

 

there was/is some where on cag about courts times,

i've taken b-card to court for harassement as they keep buging the hell out of me for money whilst they remain in default for a cca.

 

any way, court papers were deemed served on sun 9th dec so assume 10th?

they are defending wat i wana know as they have 28 days to defend from service (9th dec) does this actually include bank hols, i.e xmas? if not then 28 days are up this sunday.

[robcag]

AFAIK, the 'date of service' is taken to be 5 days after the 'date of issue' of the claim form by the court. The defendant then has 14 days from the date of issue to acknowledge the claim. If the defendant acknowledges the claim form within that period but elects to defend the claim, he then has a further 14 days to submit a defence.

 

I think the days include bank holidays, weekends are certainly included, therefore I would imagine that if the claim was deemed as served on a Sunday that would be OK.

 

That is the standard procedure but I think the time for entering a defence might be allowed to be extended under certain circumstances if the defendant makes an application to the court.

 

No doubt someone with far greater knowledge will correct me if I am wrong or add to this to clarify the rules.

 

Rob

[Edz11]

the 28 days starts after 5 days and that's it... 7th January... so I'd stay up at midnight on the night of the 7th/8th and see if I could get the default judgment in then..

[mrmarmite]

hehe just what i wanted to hear thankyou. mcol is being up graded because i want to issue crap1 with harrasement. mcol was spose to be up and running on 31/12 they now saying the 7th. so i'll prob have to ring mcol to default

[The GodMother]

AFAIK, the 'date of service' is taken to be 5 days after the 'date of issue' of the claim form by the court. The defendant then has 14 days from the date of issue to acknowledge the claim. If the defendant acknowledges the claim form within that period but elects to defend the claim, he then has a further 14 days to submit a defence.

 

I think the days include bank holidays, weekends are certainly included, therefore I would imagine that if the claim was deemed as served on a Sunday that would be OK.

 

That is the standard procedure but I think the time for entering a defence might be allowed to be extended under certain circumstances if the defendant makes an application to the court.

 

No doubt someone with far greater knowledge will correct me if I am wrong or add to this to clarify the rules.

 

Rob

 

Rob.

 

On the court papers l have when l was taking ppl to court it says two working days after service they are considered as served.

 

I dont know if this is different if it is served by MCOL or not but my case was done in person via the court paperwork being sent/delivered buy me to them.

 

Chrissi

[Edz11]

Godmother - it's different with MCOL. Don't know why but it is.

[mrmarmite]

can't find letter from court but i do remember it saying deemed as served from 5 days of their letter. if nowt in post monday i'll click the default button on mcol site if it still not on-line i'll give mcol a buzz

[mrmarmite]

grrrrrrrrrrrrrrrrrrrrrrrrrrrrr MCOL site PAIN in arse, been tryinhg to log on all day since about 6 to default. managed to log on mcol 20 mins ago, HORRAY I thought.

 

went to start judgement section, it says i can default them

getting better and better.

 

filled judgment form and clicked sumbit

 

YIPPPPPPPPPEEEEEEEEEEEEEEEEEEEEEEEEEE

 

 

i wish, got sommit back bout an technical error and it couldnt submit the form,

 

just as well i decided to print the N225 form off and got it into last post 2nite.

 

i just find it so funny, when ever companys ugrade their systems it never works, had this with power company few weeks ago, another 1 was that airport control place down south.

 

 

wish they get proven systems or just stick to the ones they they got that they know works

[The GodMother]

Well at least you can deafult them.

 

Glad l am not the only one struggling with techincal difficultys.

 

Chrissi

[mrmarmite]

i wouldnt mind so much but i got better things to do than issuse barclays a CCJ :D :D :D

 

they at least could of put up a fight

[The GodMother]

yer rite.

 

I dont think they will grumble about one cca as that wont effect them that much.

 

Chrissi

[mrmarmite]

that the funny thing, yes i put down on summons about not providing a cca but i actually took them to court for harassement by telephone, on poc i even quoted a comment from a barclay employee, "we will only call you more" amongst other things like requesting 7 times over the telephone 2 times by recorded delivery letter and final (lba) letter by special delivery, they kept ignoring it

 

kk fair enough, how CAN they defend that ! lol

[The GodMother]

Well they can try.

 

I bet they will say that there member of staff never said that.

 

Chrissi

[mrmarmite]

lol thats why i put it on the claim form, thing is they never said nothing, got no letters, no defence, nowt to settle out of court. BUT most importantly no telephone calls, after receiving letter from mercers i rang them to have a go, mercers said they have no telephone number so can i give them one, THEN i told court action taking place, they said where did you send it,

head orfice i said, she said thats why it not gone to barclay card orfices some where else,

 

strange when i took em to court last march all letters was sent from level 29 at head orfice so she was just talkin out her orfice as well

 

managed to get onto MCOL this morning and requested default issued, popped on tonight and site totally down now so lucky i got that in.

[mrmarmite]

ok getting interesting now, managed to get on to mcol today just to find out judgement has been rejected, barclays has NOT filed a defence, all it says on mcol that no further action can be taken online, i would guess that it will goto local court now,

 

bit weird, i filed a claim for harassement, barclays failed to defend

 

so wats the problem ??????????????????????

[sequenci]

Can you post your entire POC, there might be a reason.

[mrmarmite]

yes it pants but at the time, got some people round shortly so will get it done later today

[The GodMother]

Have you spoken to the courts as they should explain to you why it has been rejected.

[mrmarmite]

old man waiting to hear from them, i acutally think it more case of how can judgement be given for harassement or breach of tele com act 127. i'll get poc done in a sec, my bet it need redoing

[mrmarmite]

The Defendant is refusing to cease

Telephoning the Claimant despite requesting

7 times over the telephone, 2 recorded

delivery letters and 1 special delivery

letter to cease telephone calls and to

communicate by letter only. Their response

was We will only call you more

Based on this Barclays Bank Plc are in

Breach of:

Telecommunication Act 2003 s127(2)

Harassment Act 1997 s1(2)

Consumer Credit Act 1974 (Failing to supply

A properly executed credit agreement in the

Timescale as set out in the act)

I am seeking #150 compensation (at the

Courts discretion) for unwarranted stress

to myself and family members.

[mrmarmite]

got letter of rejection from court, it says to contact ccbc, done search and came up with this:

 

The Claim Production Centre (CPC) and the County Court Bulk Centre (CCBC) are co-located in Northampton. These units have been set up by Her Majesty's Courts Service specifically to deal with straightforward debt collection work which, in the main, is undefended. Working in partnership with local courts, the CPC and CCBC not only removes this mainly administrative and procedural work from local courts thus freeing staff time for other areas of work, they also provide users with a faster, guaranteed service. There are also discounts on the standard county court fees. There is no minimum volume to qualify as a CPC or CCBC user. There is no charge for using either the CPC or the CCBC, other than the (reduced) court fees.

The CPC enables users to file requests for Part 7 specified amount claims in computer readable form (currently electronically via a modem) in the name of the court or courts of their choosing. So long as the data is received at the CPC by 10am, the claims will be issued today and, at the worst, will be posted to the defendant within 48 hours. There is currently a £10 discount on the standard court issue fee. Where the debt is settled before it is processed, the claim can be cancelled.

CPC users have the opportunity to use the CCBC which provides further streamlining. Firstly claims are issued through the CPC in the name of Northampton County Court. Where a valid defence is filed, the CCBC will serve a copy on the claimant who then has 28 days to consider their position. The Allocation Questionnaire (and, where appropriate, request for the £80 fee), is only sent where the claimant confirms that he wishes to proceed with the claim. This practice has resulted in 50% of defences being resolved informally. Please note that, where the claimant wishes to continue and the defendant is an individual, the claim is transferred to the defendant's local county court. Where the defendant is a business, the claim will either be transferred to the claimant's solicitor's local court or, where the claimant is not represented, to the claimant's local court.

 

 

CCBC users request their judgments and warrant issue in computer readable form. As with the CPC, users are given guaranteed levels of service - judgment requests are processed today (and dated today) and printed and posted to the defendant within 48 hours. The CCBC offers a personalised judgment order which also contains a payment slip, should users wish. Warrant requests are processed automatically the same day and the details are sent electronically to the defendant's local court overnight. As well as a saving of £5 on each warrant issued, there is no warrant reissue fee for CCBC warrants. Where the claimant wishes to enforce through the High Court, the CCBC will deal with the request within a maximum of 2 days - this turnaround time applies to

 

 

 

interesting no ?

[mrmarmite]

take note of second line "debt collection"

 

does this MIGHT mean I can get my own back ??????????

[The GodMother]

You say they have rejected summing.

 

What have they rejected?

 

Chrissi

[illonavamp]

If they didn't bother defending it you should have added a couple of 'zeros'

[Edz11]

Did you comply completely with the practice directions?

PRACTICE DIRECTION –type="point" timestamp="1085048943954" MONEY CLAIM ONLINE -