Date of service query **SUCCESSFUL OUTCOME **

[asmilecostsnothing]

Hi

 

I'm posting here as claimant, received acknowledgement of service with a date on showing when that was completed but no defence received, yet, from a company I'm claiming against

 

However I believed they had a further whole 28 days to file a defence from the date showing on the service acknowledge but someone says it is 28 days from the day of original claim which would be when I started/submitted the claim process so really they have 2 weeks on from Acknowledge of Service - is this right?

 

It was a MCOL if that changes anything - the more stuff I look at and hear the more confused I'm becoming I have to say! I also keep checking the mcol account but again someone says it may not be updated anymore? I am presuming I will be alerted when I can take the next course of action?

 

Thanks in anticipation

Edited February 25, 2012 by asmilecostsnothing
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[asokn]

The date runs from the date of service I believe, otherwise there would be a strange procedural quirk whereby you would have more time overall if you left the acknowledgement of service until the last possible moment.

 

In fact, see CPR 15.4 which sets the position out clearly.

[asmilecostsnothing]

Thanks for this I am going to take a look at that now

 

Thank you for your time

[asmilecostsnothing]

Thank you for your input dbabylon, I am not the most logic of person not do I read between the lines easily

I don't know read so much which may be inaccurate, taken the wrong way and or out of date even that 'you begin to doubt

 

Yeah I've been logging on to my mcol account pretty much every other day and there has been no change, like you say there could be a late shotgun defence not filtered through, I guess I will find out soon enough what will be...

 

Much respect to you and earlier poster

Edited February 27, 2012 by asmilecostsnothing
spelling mistake

[asmilecostsnothing]

Well the postie today hasn't pitched up with anything more then junk mail, I called the mcol helpdesk who state there is a specific time anyhow off after 4pm which must be adhered to when taking the next course of action I wasn't sure on that either, the lady there seemed to double check their was no defence

 

Then it gets weirder, all of a sudden the FOS say they have now picked up the case and thats moved up a notch (that the company has not responded to their communication even ) and a demand for my file from the company concerned has been made with a view to making a final decision without their input even

 

So it would seem there's no retaliation (which I believe could mean a few things don't get me wrong) I am in a right 2-and-8 for sure ! but should I be abandoning one?

[asokn]

Technically the FOS complaint should defer to the court action but I wouldn't worry, at worst that is what will happen and at best they will both run alongside each other until you get a judgment and can stop the FOS complaint.

[asokn]

There's no reason why they would be unless a party to the litigation has told them.

[citizenB]

The FOS wont usually deal with a case that has been to court. You would normally do it the other way round.. FOS then court.

[panther12]

Normally you wait for fos to give their decision and then you can start a claim as the decision isn't binding on a court. Didn't think you can do it the other way round or have both the fos & court involved at the same time. Regarding defence, if they have sent AoS within 14 days they have a total of 28 days from the date the claim was served to send defence.

[asmilecostsnothing]

Thanks for your reply and the concern, I did ask on here in the start was I right/wrong for keeping up the complaint with the FOS, it doesn't surprise me if you can't

 

I approached the FOS way back in the beginning after going through the complaints procedure with the company and having their words 'final response' I grow concerned when they the FOS didn't meet timeframes given in each letter (seriously began to wonder how many pints were being brought or it felt that way) heard some colourful excuses shall we say hopes raised and dashed - even up to last week again in complete reversal (I was beginning to wonder if this was some sort of stooling) they tried telling me the problem is because they accept complaints without final responses and well the backlog that creates!!! really well nor does this fact appear in the leaflet...I always have had the illusion you must have thrashed out the complaints system with the company concerned

 

Anyway I did consider how long the FOS could take and decided perhaps I was best to take the route suggested by Consumer Direct - which I understood this was also fully open to little me as much as I was on my own and there would be a relatively small charge payable to see potentially what a judge made of it and the risk's therein - whilst never feeling so strongly about something the money claim online wasn't something I entered into lightly nor would I have hid this

 

Just happens it paid of, judgement ruled in just over 4 weeks (the company decided they didn't want to enter their defence which says it all perhaps they realised the mistake I don't know) we're now settled up I got paid the court fee back to which is more preferably to waiting anything up to a year and then being told by the FOS to take a hike, which could have happened nothing is guarenteed! I'm just following the company wishes and am sending written letter for the courts to notify the case is now settled, along with politely telling the FOS they can close although if I'm honest I believe no action had been taken or would have been for some time still regardless. Just the way I personally felt from day 1.

 

I am sending letter to the court but surprised there is nothing I can seem to action online on the moneyclaim account ? I've tried delete or archieve, I just thought with it being one of those online procedures you would be able to end it there to with a click of a button, heaven forbid I hope I don't have to do this again !!

 

Not sure I can get the OFT report back ? but at least I'll get to stop any action with the FOS

 

Thanks everybody for your help and hope you'll excuse the life story !

I don't regret the moneyclaim procedure one bit

Edited March 11, 2012 by asmilecostsnothing
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[citizenB]

You might be able to email the court if this is still with Northampton - ring them and confirm - alternatively they might be able to advise if there is a way to end it on the MCOL website.

 

IMHO, I would write to FOS and confirm that due to their inability to action your complaint in a timely fashion - you have taken the matter to court and WON.

 

You should also notify OFT that this has been finalised in court - and that the Company decided not to enter a defence. Then it can be reconciled with your original complaint.

[citizenB]

That just leaves this thread to be amended to "won" or have I got that wrong?

 

I'll leave that to you CitizenB as a member of the site team.

 

[citizenB]

Title amended