Bank haven't filed a defence, what now?

[Geekusdeekus]

A & L acknowledged my MCOL claim on the 15th of March, they still havent filed a defence. Do they normally do this? And should I now enter a 'judgement by default'?

 

Thanks for any help.

[Geekusdeekus]

Does nobody know? Or even know where I could find out?

 

Thanks for any help.

[SPROUTY]

If the "judgment" section on your claim menu for MCOL says "proceed" then you can do just that,by clicking on that box. If it still says start (as it probably has for the last 28 days) then you will be flashed a notice that you can not proceed at this point.

Assuming you are able to enter judgment keep an eye on your MCOL claim menue for "proceed" to pop up again, this time under "warrant" and you can issue the warrant its easy and a real buzz to get a judgment against the BANKERS !

 

However, there is a thread that suggests that rather then enter judgment you may contact A&L and explain that you are now able to enter Judgment against them as they have not entered a defence and you might be able to persuade them to cough up immediatly rather than having a judgment entered against them . Sounds a bit generous at this stage but if they bite you should have your cash quicker, but it does give them an opportunity to enter a defence (which you should have been expecting any way) and even if you get a judgment they can always apply to have the judgment set aside as courts, in general, would prefer to see cases settled on merit rather than "bad timing" if they have genuinly just missed the deadline for entering the defence. If this were to happen the case will become extended as A&L will issue a defence and drag things on in the hope that you will drop the case or accept their derisory offer to settle (if they've made one yet)....you decide either way you are going to win eventually.

[livelylad]

ok you can now apply for judgement, however I would contact the bank and give them the chance to settle before you file for judgement.

[Geekusdeekus]

Hello guys, I found the step by step guide which says I should file for judgement so I have just done that. What happens now, i.e. when should I expect my money? I ticked the box that says they should pay 'immediately' Thanks for your replies guys.

[SPROUTY]

have a look at a&l success thread willpat v alliance & leicester (for example) you are likely to hear from them soon but be prepared to challange your impeding account closure! what interest are you claiming (if any ?)

[Geekusdeekus]

They have already closed my account, this happened as son as I asked for my statements! I am claiming for over £1000 interest and altogther my claim is for nearly £7000. Thanks for the reply.

[Geekusdeekus]

Right I have now had a letter from the bank with a copy of the defence they have entered. I am claiming from Oct 2000(which is 6 years prior to starting my claim) to December 2006 (as charges kept being added on). One line of there defence states that the charges prior to March 2001 (6 years prior to me starting the court case) 'did not arise within 6 years before this action was commenced and are statute barred'.

 

So what should I expect now? I know it doesn't ever get to court but if they want me to be the first I'll see them there!

[Geekusdeekus]

Sorry one thing I forgot to ad, it looks lik Moneyclaim haven't received their defence as in the column that say 'warrant' it now says 'start', Thanks for any help.

[mochamoo]

Right I have now had a letter from the bank with a copy of the defence they have entered. I am claiming from Oct 2000(which is 6 years prior to starting my claim) to December 2006 (as charges kept being added on). One line of there defence states that the charges prior to March 2001 (6 years prior to me starting the court case) 'did not arise within 6 years before this action was commenced and are statute barred'.

 

So what should I expect now? I know it doesn't ever get to court but if they want me to be the first I'll see them there!

 

Hello,

 

S 32.!!!! Have a read! http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882

 

Good Luck