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Help with MCOL dates?


p1owman
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Hi all and congratulations to those who have already suceeded!

 

I have two claims going through MCOL (4 accounts split to keep below £5k). The claim was started 8/3, acknowledged 14/3 (although deemed acknowledged 13/3) and 28 days should be up on Tuesday 10/4.

 

So far HSBC have not submitted a defence. Friday and Monday are bank holidays, presumably nothing will happen Saturday.

 

My questions are:

1. due to the bank holidays will the bank be allowed two extra working days to submit a defence i.e.12/4

 

2. do MCOL really work to the minute? i.e. my claim was submitted at 11am so if HSBC do not defend by 11am can I hit the judgement by default button or will it really be the next day?

 

So near and yet so far......:)

 

Thanks for any advice.

 

Rachael

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rachael - i think it's all in the words - first you got a notice of issue - on that they give you the date it is deemed to have been served. from that date add 28 (if they've acknowledged). on the 28th day - at about 3:50 in the afternoon - your mcol notices changes to defended - you can not continue with your claim on mcol. i think it must be the next working day if it falls on a weekend or holiday.

if you press the button and it's too early - nothing will happen, if you press it and they have defended - it will say it can't go on, if you press it and they haven't defended - you may get to press for judgment - but i'll let you know - don't get too excited as the courts routinely give dg an extra week to file their defence. but once in a great while - you get to go through with the judgment - so just keep watching and pressing.

 

have you sent dg and the courts a copy of your breakdown:

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

and also:

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

 

 

normally after they defend you would receive an allocation questionaire to fill in and file but you may not as the courts as of last week are dispensing with the aq - see this thread:New---after 28 Days - Maybe No Aq!!!!!!!(

 

hope all this helps you.

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Hiya Rachael, your in exactly the same time slot as me (deemed date the 13th March). I spoke to Northampton MCOL on Wednesday the deadline to the hour is midnight on the 10th so I will be waiting to push the button and see what happens.

I very much doubt we will get a judgement but we will see, we can only live in hope

pete

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Pete

 

Any news your end? My claims still say acknowledged but I can't yet get judgement by default! Tempted to phone them up and see what they say or stay up until midnight tonight?

 

Interestingly I had a letter from the solicitors this morning for one of the claims asking for a breakdown of charges (again!!) and saying they can't take any further action until they recieve it - considering the 28 days have elapsed today it's a bit cheeky really!

 

Rachael

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hi rachael

if dg are asking for a breakdown of your charges, in my book that says that they are looking at your claim - so get a copy of the breakdown to them sharpish. it usually means that an offer is in the pipeline.

If i've been helpful in any way....then tip my scales over there!

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