Barclays and Monleyclaim

[uklad79]

I have subbmitted the claim and it was issued on the 21st Sept. No defence has been submitted by Barclays and the 14 days are up so I tried to submit for a default judgement but a screen comes up saying it hasn't been 14 days. Any idea whats going on? It is 14 days and not 14 bussiness days isn't it?

 

"You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged."

[livelylad]

I have subbmitted the claim and it was issued on the 21st Sept. No defence has been submitted by Barclays and the 14 days are up so I tried to submit for a default judgement but a screen comes up saying it hasn't been 14 days. Any idea whats going on? It is 14 days and not 14 bussiness days isn't it?

 

"You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged."

 

 

Hi does it say Acknowledged if it does they have 28 days !4 to Acknowledge and 14 to enter a defence. This is explained in the faqs.

[callumsgran]

You cant claim for the default yet as they have 28 days after acknowledging and they havent done that yet have they?

[uklad79]

They haven't acknowledged I thought they had 14 days in which to do that if they did then they got an extra 28 days? Because they didn't acknowledge in the 14 days I thought I could file a a default?

[livelylad]

They haven't acknowledged I thought they had 14 days in which to do that if they did then they got an extra 28 days? Because they didn't acknowledge in the 14 days I thought I could file a a default?

 

Hi if they havent acknowledged then you should be able to apply for judgement. i would try again in the morning to apply for judgement failing that i would phone MCOL tomorrow and ask what is happening.

[uklad79]

Is it 14 working days or 14 days? It was issued on Thurs 21st Sept would Friday 6th be the date I could do this?

[Welshman]

The procedure is:

You file, the court allows 5 days and it is then that Barclays are deemed to have been served. That fifth day is "day 0". They have 14 days after that in order to acknowledge. So it's actually 19 days from the date you initially filed. Once they acknowledged, that buys them a further 14 days to submit a defence. That's 33 days after filing. That's calendar days, not working days.

 

Hope that clarifies it for you.

[uklad79]

So that date issued already takes into account the extra dates as the 21st wasn't the date I filed which was a few days prior. I have done a search on the forums and it seems that there is a few people who have not been able to do this using moneyclaim online. I will give the court a ring on Monday something doesn't seem right. My claim was for £3800 so can not see Barclay's not acknowledging the claim.

[victimnomore]

Welshman (as usual!) is absolutely right.

 

Look back to your post quoting the Moneclaim website "The Defendant is allowed 14 days from the date they were served with the claim .. .. "

 

The date served is assumed to be your claim date plus 5 days. They then have 14 days to acknowledge from then (yes 19 days from your claim date). If they acknowledge they then have a further 14 days (28 from date of serving) to submit their defence.

 

If Barclays do submit a defence (they almost always do, it seems), that's when the case will be transferred to your local court.

[uklad79]

Well Barclay's acknowledged the claim on the last day then didn't submit a defense in the following 14 days so I applied for a judgment. That was almost 2 weeks ago and still no money. What's my next step on this one? All my others have settled much faster Barclay's are dragging their feet.