help help help

[tanner1]

hi could someone please help me my money claim says i can now continue judgement by default does this mean the bank have to pay me the money or is it more complicated than that.

[Guest Mumofthreeboys]

I think you should read around a bit more and in particular read this link http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[tanner1]

I have received an acknowledgment of service but not a defence not sure what to do now as the link i have just read explains what to do if you have not received either of these

[icantlogin]

Hi Tanner, when did you issue your MCOL?

[tanner1]

hi

I filed it on the 30/03/2007 it was acknowledged 4/4/2007

[icantlogin]

I'm not quite sure what has happened. You should have received a notice of transfer after DG defended. Try and give MCOL a ring and see what has happened.

[tanner1]

they havent entered a defence having read the link it says to give them more time, but reluctant to do this has they have had enough time already

[Guest Mumofthreeboys]

You need to read the link I gave you and I would suggest that you send the letter from that link.

 

They are very busy and you really should want them to defend - it will take you far longer to get your money this way.

[tanner1]

thank you just getting a bit frustrated!

[freakyleaky]

If dg have not put in a defence you can ask for judgement by default via MCOL. This should be the end of it and you will get your money but the courts will probably grant DG an extention to get their defence in. Press the judgement button and see what it tells you, it wont harm your claim and it won't let you do it if it's not allowed.

as for it taking longer to get your money this way, I don't see how as I have been waiting for weeks and weeks since the defence and have got a court date for june 20th.

[tanner1]

Hi

Was wondering if anyone can advise me please I have not had a defence entered on my mcol after waiting 46 days have pressed the judgement button which has been accepted and it now says start warrant can anyone please advise me on what to do now as I seem to be the only one this is happening to.

[freakyleaky]

You should be given clear instructions as to your next action. I have looked at the HMCS help pages and found the following:-

 

If the defendant chooses not to respond to your claim, you can request judgment by default, online. MCOL will prevent you from doing so until 14 days from the date of service have passed, or 28 days where the defendant has filed an acknowledgement of service. The date of service is calculated to be 5 days from the date your claim was issued.

You may request judgment by default through Money Claim Online by selecting the Judgment Start option

You will be asked to decide whether you want the defendant to pay your claim by instalments or in one lump payment. If you have claimed interest as part of your original claim (i.e. you included details of interest claimed in the Particulars of Claim), you are entitled to claim interest from the date of issue up to the date you are requesting judgment.

Once you have submitted your request for judgment by default, MCOL will deal with your request. Where it is received before 9am on a day when the court is open, the request will be processed at the end of the day: where it is received after 9am, it will be processed on the next day (again, at the end of the day) when the court is open and may not appear on MCOL until the following day (see viewing the progress of a claim).

This means that, if the defendant files a response (an acknowledgment of service, a defence or a part admission) with the court by 4pm on the same day as your request is to be processed, the response will take priority over your judgment request.

 

If this does not answer your question you should ring the MCOL help number and ask what you should do next.