Tracey vs HSBC

[freakyleaky]

LOL:D

Hope she doesn't spot it! I won't hear the last of it!

[Lenlu]

Thanks again guys, ill let you know when i hear more then Just confused me as it says on the front page that the defendant has 28 days from the date of service to file a defence ???!!!!

[freakyleaky]

It is a bit confusing. they have 14 days from the date of service to acknowledge. This means telling you what they intend to do such as defend or pay you in full or whatever.

Once they have acknowledged, if they have said they intend to defend, the time limit changes to 28 days from the service date to get their defence in!

Hope this makes sense!

[Lenlu]

OK the form i received says Notice that acknowledgment of service has been filed, the on the second page it is the acknowledgement of service form and a box has been ticked to state 'I intend to defend all of this claim', so have they missed a step? is is 28 days from now then? or is there another form to say they defend?

 

Sorry for being a pain

[freakyleaky]

No thats all ok You will recive notice of defence when they put there defence in. They have 28 days from the date you filed your claim!

[Lenlu]

Brill, Thanks

[sharongina]

Hi, I think that sounds correct, as that is what mine said, I may be wrong but going by mine they still have 28 days to submit their defence, you will then receive a copy of their defence from the court and then you wait for the court to decide next step, if anyone thinks different please say

[sharongina]

Sorry freaky we posted same time!

[lateralus]

maybe this is a little easier

 

claim filed, claim served (if no date given - considered served 5 days after it is filed), 14 days from served date in which they must acknowledge, when they do then 14 days more in which they must defend. so, total is actually 33 days from filing to their deadline to defend.

[Lenlu]

OK so just checked MCOL and it says DEFENCE 18/06/2007 so they are obviously defending which is no surprise, but I have yet to receive anything from anywhere? What happens now?

[freakyleaky]

You will receive notice of transfer to your local court together with a copy of thier defence.

Then you will receive directions from your local court as to what the judge want to do with the case.

You need to have a read of the 2 aq threads that lat has done so you know exactly what happens next. I will post the links here for you in a mo.

[Lenlu]

Does it take long to receive stuff from the local court? Its been 2 weeks since the date on MCOL

[freakyleaky]

Usually takes about 2 weeks. Did you get the papers from MCOL? Did they say the aq may be dispensed with?

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[Lenlu]

Havent got anything yet from anyone, last post I got was 2 page latter, first page was notice that acknowledgement of service has been filed in the northampton county court. This was dated 20th June? Says 'An acknowledgement of service of your claim has been filed today, a copy of which is attached, the defendant now has 28 days from the date of service of the claim form to file a defence'.

 

The secodn sheet is a copy of the acknowldegement of service

 

I belive northampton is the MCOL court?

[Castlebest]

Yes this is a nothampton document.

 

When you first filed your claim you received a notice of issue which has a deemed served date noted on it. DG solicitors have 28 days from this date to submit their defence.

 

Following this you will get a notice of transfer to your local court.

 

pete

[freakyleaky]

Looks like the MCOL dates are wrong somewhere. Acknowledged on the 20th but defended on the 18th? Give thenm a ring and ask what the status of the claim is.

What date did you file your claim? There will be a deemed served date on mcol and it is 28 days from then that they have to defend.

[Lenlu]

deemed served on 23rd june

 

So i guess i hang tight and wait for MCOL to send me papers to say its been transfered to local court

[freakyleaky]

Deemed served on the 23rd. 28 days from then is 21st of july?

[Castlebest]

that means your defence will be due on the 21st July (subject to PD check ) so yep just sit tight untill you get your notification.

 

pete

 

ok a Freaky check

[freakyleaky]

Your scaring me pete! Stop it!

[pinkduchess]

hey freaky youve been given my job!!

[Lenlu]

Offer received today for £490, chaim was for £656 originally so a fairly good offer, but not now I have paid my £80 to the court.

anyone off hand got a link to the decline letter?

 

Also still not heard off MCOL with the details for the local court.....will this take a while?

[Lenlu]

PS In the letter ir does say that the costs are in the terms and conditions and 'if your claim for a refund proceeded to court, we therefore belive we would successfully resist any legal challenge in relation to those fees'

 

eeekkkk scare tactics? That sentance is making me think now

[freakyleaky]

have a look in here Rejecting Offers

 

Take no notice of that sentence. They say that all the time!

[Lenlu]

Should I be concerned I have not received anything from the local court yet? or even MCOL, its update online they have transfered but I have received nothing and its been over 2 weeks now