MBNA Moneyclaim Help

[SilkySmooth]

Hi,

 

I have been through the prelims, lba etc and got to the MCOL stage, submitted by claim via the site on the 22nd (Sunday afternoon) of October. Moneyclaim then updated the status of the claim to 'Issued(24/10/2006)' along with two other claims against seperate banks.

 

Since then both of my other claims have been updated to 'Acknowledged' and the date they were acknowledged, however the MBNA claim still remains as 'Issued'.

 

According to the 14 day rule I should now begin a judgement against MBNA as they have failed to respond. My query is do we count non business days? Do we count the day that the claim was issued? So would the 14 days be up today!?!? or tomorrow?? or 10th / 13th of November?

 

Thanks in anticipation.

[roydosan]

I think they are included except when the last day falls on a weekend. I that is the case then they have until the next working day to file a defence. For example, if the last day was on a Sunday then that would mean the last day would transfer to the Monday meaning you could begin judgement on the Tuesday.

 

Remember though - if they have acknowledged this entitles them to the full 28 days not 14.

[SilkySmooth]

Hey thanks for the response, it took me a while to figure out but the Issue date displayed in Moneyclaim is not the date I should have been using to count the 14 days. The date is from when the court has served the papers on the defendant and that was actually the 28th of Oct an additional 4 days after the claim was started.

 

So I have to give them until the end of the weekend until I can begin my judgement on them....

 

But guess what arrived in the post this morning... a letter from MBNA stating that they will refund the full amount, including court costs to my account.

 

So I have won the case, unfortunately I don't want to accept this as I want the money truly refunded and paid back to me, not paid onto my account. So more research required....