Getting MCOL Right

[corsicanpine]

Hi Michael,

 

You state in your court timetable that the bank has an additional 14 days after they acknowledge in which to file a defence. Does this mean 14 days from date of acknowledgement, halifax acknowledged within a couple of days of issue or are they entitled to the full 28 days even though they acknowledged before their first 14 days was up.

 

Starting to sound complicated now, I think you'll know what i mean

 

Thanks

[ICY]

very good question

[corsicanpine]

Hi ICY,

 

Any ideas??

[ICY]

I would have thought they would only have the 14 days from acknowledgement however i am not sure, but it is a question i would like claryfied by someone who knows better than me.

[corsicanpine]

I may have found the answer on the MCOL website. Their tutorial states that, 'If the defendant does not admit the whole claim the defendant should file a response to the claim within 14 days of service of the claim. However, if he needs more time than this filing an Acknowledgement of Service extends this total time for filing a response to 28 days from the date of service'.

 

Which I think technically means 28 days from the date of service as indicated on the notice of issue.

[daviesdec]

Many thanks for info. I will most liley go local now. Will keep you informed.

[Sam Hammond]

Court Charges.

 

I have completed my claim online and my court charges have come up as £120.00, I am claiming £2298.77. Is this the correct amount and do I have to pay them at the time of making the claim? Will I get them back from A&L?

 

Please help

[London1978]

I used MCOL. I am trying to get back over £3000 and the bank have now 'Acknowledged'. The papers came yesterday saying they are going to defend. They have until 26th to respond. I am not confident that I put the account number and 'common law' reference in my POC. The date is now closing in and I am not feeling confident that the POC is strong due to the missing details. Is there anything I can do or am I worrying about nothing? Would much appreciate any advice as I have not attempted anything like this before and don't want to lose.

[andytheguv]

Good day all.

I am stuck with the N1 form. I sent it off and it came straight back asking for the following

You must state what type of company the defendants are eg Plc, Ltd, 'a firm' etc.

 

I thought the Nationwide Building Society is exactly that, a building society. Am I wrong.

Please help

 

andytheguv

[why!!!!!!]

Court Charges.

 

I have completed my claim online and my court charges have come up as £120.00, I am claiming £2298.77. Is this the correct amount and do I have to pay them at the time of making the claim? Will I get them back from A&L?

 

Please help

 

hi

Yes the £120 is correct and to be paid at time of filing claim online. You will get it back in your settlement from A&L.

Claire

[why!!!!!!]

I used MCOL. I am trying to get back over £3000 and the bank have now 'Acknowledged'. The papers came yesterday saying they are going to defend. They have until 26th to respond. I am not confident that I put the account number and 'common law' reference in my POC. The date is now closing in and I am not feeling confident that the POC is strong due to the missing details. Is there anything I can do or am I worrying about nothing? Would much appreciate any advice as I have not attempted anything like this before and don't want to lose.

 

Hi,

It may be worth sending a more detailed version of the POC and a copy of your schedule of charges to the courts? http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Change this letter to suit your attachments http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

Claire

[why!!!!!!]

Good day all.

I am stuck with the N1 form. I sent it off and it came straight back asking for the following

You must state what type of company the defendants are eg Plc, Ltd, 'a firm' etc.

 

I thought the Nationwide Building Society is exactly that, a building society. Am I wrong.

Please help

 

andytheguv

Hi,

All i can find on the forum is this link http://www.consumeractiongroup.co.uk/forum/show-post/post-652780.html

sorry i cant be anymore help.

claire

[kerry1692]

thanks for that, i under stand it a lot better now:)

[Liani]

Hi,

I used mcol but I did not send a schedule to attach, it was the 14th day yesterday and my bank has defended my claim - I don't know what to do now?? Have I ruined it with not sending the schedule? The bank also deposited £750 into my account - I wrote to them and said I will accept this as part payment of the 2225 they owe me. Is this the right thing to have done or shall i take this amount and cancel my claim?

Thanks in advance

[Michael Browne]

When you receive a Notice of Acknowledgement send a schedule to SCM (Lloyds solicitors)

[Liani]

Thanks Michael, why do you think they have defended my claim? Is it because I used the template on the moneysavingexpert.com for my claim form?

Am I wasting my time taking it further do you think? Where do I get SCM details from please - sorry for all the quesions I am just sooo scared now that this has happened I really hate the idea o having to go to court

[Michael Browne]

They always defend. MSE POC's probably aren't quite as thorough as CAG's but are sufficient. SCM details are on Notice of Acknowkledgement

[PJS]

Hi filed thru MCOL and received acknowledgement 3/5/07 no attachment of schedule sent with claim or any other paperwork in fact, is this correct?

Also account is in joint names but only put 1st named account holder on claim form is this correct? Please advise me someone.. stressed!

[Michael Browne]

Yes to both.

[PJS]

Phew, thanks M, have to say don't understand jargon so am relieved

to know am doin everything ok so far. What do I do next if HSBC file defence within 28day period?

[Michael Browne]

Once the bank has filed a defence, your claim will be transferred to your local court who will send you a copy of their defence and an Allocation Questionnaire which you fill in and return within 14 days.

 

MCOL have now started to issue Orders dispensing with the AQ, so the local court will issue Directions and a hearing date

[PJS]

Huge thanks M for prompt answer...and jargon free fantastic!

[London1978]

That is the same stage I am at. The bank has filed a defence and I can no longer take any action online, according to MCOL. Awaiting a hearing date. Should I be expecting the bank to cave in soon or am I on my way to court? Over £3000 at stake, so getting a bit concerned. I started my online claim on 23rd of April. Thought they may have given in by now. Would appreciate any advice. Many Thanks.

[pimp_my_bank]

Hi London,

 

Same stage mate, did it through MCOL (didn’t research enough previously - wont be making that mistake again) didn’t send any further info. Am now in the process of sending my statement of charges along with case management Representations from page 2 to the court manager.

 

Today I had a notice of transfer of proceedings with the following;

 

Without Hearing

IT IS ORDERED THAT

 

The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

 

I Believe that this is standard response.

 

Can’t help feeling that there is something which i have forgot to do which is going to jeopardise this.

 

Pimp

[Liani]

Hi London,

 

Same stage mate, did it through MCOL (didn’t research enough previously - wont be making that mistake again) didn’t send any further info. Am now in the process of sending my statement of charges along with case management Representations from page 2 to the court manager.

 

Today I had a notice of transfer of proceedings with the following;

 

Without Hearing

IT IS ORDERED THAT

 

The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

 

I Believe that this is standard response.

 

Can’t help feeling that there is something which i have forgot to do which is going to jeopardise this.

 

 

Pimp

 

I have received the same today, what does it mean??? Why no AQ, I think I have blown it as I did not send any other paperwork to anyone other than my bank.

 

PLEASE ADVISE !!!

Thanks