Cheryl VS NATWEST (behalf of DP)

[BaldyBaldwin]

no need to panic, standard stuff, they are just buying time, it just gives them 28 days from date it was acknowledged.

 

dont let them scare you, its the only weapon they have got

 

best of luck kevluff

[brisgirlie]

hi,

we must be at same stage as i filed Mcol on 14th and i recieved this same info

about natwest intending to claim on 19th september it's just a waiting game at the moment.

brisgirlie

goodluck

[gettin'evil]

I am also at the same stage. Filed MCOL, and waiting for 28 days to be up which should be about 3/4 October. I'm expecting a defence part cp18 request etc etc then.The only way I know that an acknowledgment has been filed is by logging onto MCOL website! Keep in touch.

 

Jacqui

[Bigredbus]

I am also at the same stage. They are putting a defence forward. I am now waiting for a CPR18...

[sheza2408]

Hi im just wondering if anyone has won by default and entered a judgement against them?

 

They have until the 7th to file a defence to MCOL, im hoping they wont! If they do what happens then?

 

cheryl

[Guest NATTIE]

That's when the fun and games begins. They will file a defence so be prepared.

[darthbane2k]

I think its impossible. As I am now currently discovering. Even if the bank fail to meet the 28 day deadline to submit a defence, they will get away with submitting a late one.

[sheza2408]

Well Natwest have untill midnight tomorrow night to file a defence against my MCOL. I got the letter from the court saying that had till the 7th oct to make a defence and then a full 14 days after that to reply again. In hoping that they dont enter a defence to my claim do i start judgement on them?

 

I hear from everyone that they always enter a late defence but if they dont do i just start judgement and if i do what happens from there?

 

Anyone know?

[uk_joe]

I'm not sure what you mean. The banks solicitors have 14 days from the date of issue of your claim to acknowledge the claim, they don't have to file a defence in this time. This then gives them a further 14 days to file defence. Providing they have acknowledged the claim, they do not have to file a defence until 28 days from the date of issue.

 

If you are going to try and file a default via the MCOL website, it will let you know whether or not you are allowed to, so it doesn't hurt to try.

[sheza2408]

im confused now!

 

It said that they have till the 7th to respond, they acknowledged the claim on the 22nd September, how long have they got then?

 

It said on the issue from the court that they have until the 7th october, i didnt know this meant to acknowledge my claim i thought it meant to enter a claim!!

 

So what date do they have till then ?

 

Sorry but im a tad confused now!

 

cheryl

[sheza2408]

I filed my MCOL on the 15th Sptember, they acknowledged it on the 22nd september!

 

How long have they got to enter a defence, i thought as it said on my issue from the court that they had till the 7th to respond, i havnt heard from them at all so i assume that i enter judgement if they dont respond by the 7th which is this Saturday.

 

Ive just been told though that they after they acknowledged my claim they have 28 days, i though they had 28 days in total once i made a claim against them but now im completely confused. I initially thought that once i submitted my claim and they acknowledged they then had 14 days to respond, if they did that then gives them another 14 days which is 28 in TOTAL!

 

Have i got it wrong? CAn someone please give me the right info as im getting very confused now!!!!!

 

Thanks

Cheryl

[uk_joe]

The letter you got from the court should have said something like:

 

Your claim was issued on 18th September 2006

The court sent it to the defendant by first class post on the 18th September 2006 and it will be deemed to be served on the 23rd September 2006.

The defendant has until the 7th October 2006 to reply.

 

This means that they have till the 7th October to acknowledge your claim - they can acknowledge anytime up to the 7th. Once they have done this, it gives them a futher 14 days from the 7th October to file their defence.

 

You may want post the dates that the court have given you, as I've done above, if you want any comments on them.

[sheza2408]

i thought they had a further 14 days from when they acknowledged your claim?

[uk_joe]

No, they have 14 days added onto the original 14 days.

 

(MOD's or someone else, please correct me if I'm wrong)

 

It would be helpful if you could let us know the exact dates the court gave you and what exactly the letter from the court said.

[sheza2408]

I filed my claim late night on the 15th Sept, court wouldnt have recieved it till the 18th, Natwest acknowledged on the 22nd September.......where do i stand now?

 

Im positive on my letter from the court it said they have till the 7th to respond, i didnt think this meant to acknowledge they received it!!!!!!!

 

What date do they have till then? Also when they submit their defence what happens from there, or wot normally happens??? I just wanna prepare myself, any help would be grateful thanks

 

cheryl

[Michael Browne]

Date of deemed service is 5 days after issue, ie 23rd Sept. They have 14 days to acknowledge, ie 7th Oct and 28 days to defend, ie 21st Oct

[sheza2408]

How does it usually work once they defend?

[Michael Browne]

See section 6 here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

[sheza2408]

Hi there

 

Just wondering if anyone out there has got their money back after going through MCOL or have they had to go to court??

 

Im starting to panick a tad bit now, i know that cobbetts will put in a late defence as they always do but how far does the process go on? I can see people have had offers but i havnt had anything from Natwest so im panicking, are they likely to make an offer after they have submitted a defence??

 

Please someone give me some info which can shed me a bit of light!!

 

Thanks

Cheryl

[Wissa]

I failed on the MCOL (my own fault!) and had to pay more money to re-submit my claim correctly. On the 28th day they entered a defence and I had to submit an allocation questionnnaire (AQ). After a further 28 days I received an offer for half my money which I accepted as part payment ONLY and I'm now waiting for the rest. I started my claim in June and it's STILL going on so be patient but also BE SMART and READ as much as you can at every stage! All the help and info you need is on this site and it's best to check EVERY SINGLE CORRESPONDANCE here first before sending anything off.

 

Good luck!

[kerry8lampard]

hi there!

 

if you read my story (click link in signature) you will see that i did everything correctly, i did the MCOL and they entered a defence and i had the allocation questionairre. i have jist had my court date for 20th november and am hoping they will settle out of court - i have not recieved any correspondence from cobbetts offering me anything, the only time i have heard from them was their defence and then a copy of their allocation questionairre.

 

i am REALLY hoping to recieve a full settlement before court though!

[sheza2408]

Hi guys

 

I file an MCOL and the 28 days are up, well today is the 28th and ive heard nothing what do i do now???? Do i wait or file a judgement against them?

 

Any advice

 

Cheryl

[Shelty]

Cheryl, you can try & go for judgement on the system with MCOL if it will let you. I tried mine yesterday, thinking it was 28 days after Cobblers acknowledged (which happened to be 2 days earlier than it was deemed to be served!!), but I've got to wait till tomorrow for my 28 days to be up.

[livelylad]

Hi guys

 

I file an MCOL and the 28 days are up, well today is the 28th and ive heard nothing what do i do now???? Do i wait or file a judgement against them?

 

Any advice

 

Cheryl

 

Hi you cant file until the 29th day. However please be aware that they if the do file a defence it will take precedence over your judgement. Hopefully they have forgot!! I would wait the morning to see if they have filed if not ask for judgement.

 

If they do file here is the link for the AQ

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[mandytomlucy]

Hi Sheza

 

Hopefully they have forgot! In which case file for judgement as the earliest possible time. Their methods do seem to be increasingly random, sometimes they put in a defence, sometimes they seem to forget right up until the date or like me they send a part offer two weeks before their mcol deadline was up?

 

Very strange!

 

Good luck

 

Mandy