Lady's Business v Barclays

[lady]

After reading this forum for some time, I braved it and started the ball rolling..

 

As a business, all statements were to hand so -

 

1st letter sent 17/8/06

Sod off letter received 22/8/06

LBA sent 01/09/06

2nd Bog off received 14/9/06

MCOL issued 20/9/06

 

Now waiting - no defence filed yet (9.36 2/10/06) I presume they have until 4/10/06 before I can issue a CCJ (ha ha ha ha ha ha )

 

 

How am I doing to all you experts?

 

God I love this !!

[Welshman]

Hi Lady.

 

No, you wait until the 9th before taking the next step.

 

They are deemed served five days after filing. And it's the acknowledgement that comes by the 9th, then, after they acknowledge they have 14 days from the 9th (the 23rd) to submit a defence.

 

Good Luck

[lady]

Hi Welshman,

 

Thanks for that, think I was getting a bit too excited. I keep checking MCOL but it still says "Issued 20/9/06".

 

What happens if they don't acknowledge my claim then?

 

Thanks

[Number6]

Hi Welshman,

 

Thanks for that, think I was getting a bit too excited. I keep checking MCOL but it still says "Issued 20/9/06".

 

What happens if they don't acknowledge my claim then?

 

Thanks

 

Hi, and welcome aboard!

 

MCOL should have sent you a document stating when your claim was issued and when it was deemed to be served. Barclays then have 14 days from the date of service to either 1) admit your claim (yeah right!), 2) file a defence to your claim or 3) acknowledge your claim. Option 3 is most lilely as that gives them an additional 14 days (28 in total from date of service) to file a defence.

 

If they do nothing then after the first 14 day period expires they become liable for a default judgement that you can instigate; you could then send the bailiffs in! (can I watch please?)

 

More likely is that they will acknowledge, then defend.

 

Keep an eye on MCOL to see what happens.

 

Pete

[lady]

Hi Number6

 

I have not received anything from the court in the post. It says on MCOL that the claim was issued 20/9/06... should I ring them or what should I do?

 

Oh and of course, anyone who wantings to watch the bailiffs go in are most welcome. I will keep you posted. Might even get my 5 minutes of fame on the telly

[Number6]

Hi Number6

 

I have not received anything from the court in the post. It says on MCOL that the claim was issued 20/9/06... should I ring them or what should I do?

 

Oh and of course, anyone who wantings to watch the bailiffs go in are most welcome. I will keep you posted. Might even get my 5 minutes of fame on the telly

 

I would email MCOL and ask them but in any event you can assume the date of service = issue date + 6 days = 26th Sep.

 

The bank then has 14 days to file a defence or acknowledgement = 14 + 1 day in reality due to the admin procedures of MCOL = 11th October.

 

Assuming they acknowledge then thats another 14 days before they have to file a defence = 25th October. This is the most likely date before which nothing else can happen.

 

Keep checking MCOL daily to see the situation but email them anyhow and tell them you have received no notification of the date of service.

 

Pete

[lady]

Hi,

 

I have rung them today, they agreed that the date I can serve judgement is 10/10/06 (my dads b'day) if no defence or acknowledgement is filed.

 

Can't wait til Tuesday now, but I am checking MCOL every day

 

Thanks for your help... I will keep you updated

[TINK660]

What happened with this one?

[MARTIN3030]

They either filed at last minute or more likely applied for a stay on the judgement and then paid out a week later

looks like conf signed ??????