filed money claim - last day 2day! ***WON***

[super_cds]

I filed a claim with the online money claim.

I have only ever received 1 letter from them.

saying that the claim was issued on the 4th may 07

and the defendant has until the 23rd may 07 to reply.

 

Haven’t heard any thing from them since the start of the claim.

Iv logged in on the site and I don’t think any thing has changed>

Says claim issued 4/5/07 - judgment start and warrant is blank.

 

any help would be appreciated

 

Thanks

[hedgey06]

Hi super, you'll probably find that cobbetts have acknowledged your claim at the last minute - the sneaky sods are renowned for it. Basically, at this stage, the options they have are:

 

Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 or 28 days respectively. You will need to apply for a "Judgment in default" which you should do as soon as the time limit has expired.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want. It is also true that they may be awarded a 'second chance' (called a Stay) which might delay things a little, but in the long run will have no impact.

 

Acknowledge the claim - this buys them a further 14 days to enter a defence.

They may acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way).

Give the court a ring over the next couple of days to see if they've acknowledged. Let us know what happens.

Good luck, hedgey xxx

 

 

[Tipsy0nBacardi]

Maybe you should give mcol a ring, Natwest may have acknowledged at the last minute, the mcol site doesnt always update straight away

[super_cds]

thanks

will give them a ring in the morning!

[seen the light]

Hi super cds

 

It would be fantastic if nat west / cobblers hadn't followed it up , i was in a similar position to yourself then at the last minute cobblers requetsed the 14 day extension

 

good luck though they do slip up from time to time fortunately !!!

[super_cds]

looks like they have got another 14 days!

its been updated now!

Acknowledged(24/05/2007)

[fendyweather]

There you go............ always expect everything at the 11th hour with Cobblers. Theyre very slow, and always like to drag stuff out to the very very last minute. Always................... NVM, your money and you will be reunited in the end anyway, so dont worry. All part of the process. You will get very used to WAITING WAITING WAITING, it just goes with the territory where Cobbetts are concerned. Fendy xxx

[super_cds]

yer it does seem to just go on and on!

 

cheers

[fendyweather]

And it will go on for a couple of months more, easy.............. so try and enjoy and learn from the process, Lol. Not much else you can do Im afraid. It runs at the pace that the courts dictate from here. But no matter, YOU WILL GET YOUR MONEY IN THE END, JUST NOT SURE EXACTLY WHEN the way these things pan out........... Fendy xxxx

[Holdred]

Use this next time to prepare for their inevitable CPR 18 request, make sure you've got all of your documents in order and keep waiting!

[super_cds]

Tomorrow is the lastday, and then they would of had the full 28 days, from the 9th may when the claim was deemed to be served!

Havnt heard anything from them as of yet, and nothing about the CPR 18 request, but like before i guess it could turn up last minute!

[hedgey06]

Give it time............ court will even allow them to file it late!!!!!!!!

[TrayTray]

What is CPR 18 Request?

Im at the stage where natwest have been served the claim papers and they have decided to defend it. They sent back the papers on 15.05.07, so they have about 10 days left to file an application.

 

I am at a bit of a loss as what i am to do next, i checked online and there doesnt seem to be any movment on my claim, does any one have any advice for me please!!

[super_cds]

If you use the search on this site, there is a letter than you can send to them! also you include your list of charges with this + send a copy to MCOL!

I think it would be best for you to make your own post, or update your previous post if you do have one!

[super_cds]

Just logged on to mcol and its now been updated!

Defence

 

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

What’s likely to happen now?

Thanks

[hedgey06]

Basically, your claim is being transferred to your local county court now. You'll have to wait for further directions from them - but it's probably worth contacting the county court in a couple of days to check on your claim. xxx

[gairloch]

Also with Nat west. Got 'judgement by default' last week, then warrant paid for and accepted, then acknowledgement today, a week late! judgement 'set aside' giving Nat west an extra week or so. Very unfair! but still determined to win!

[super_cds]

Received a letter to day from cobbetts!

Request for further information and clarification!

This request is served … … … CPR part 18 … … … Rule 27.2(3)

Have until 20th June to reply!

 

I take it I just send them the template letter, from the CPR 18 post on this site and another copy of my list of bank charges, also do I need to send a copy to mcol, or will I now need to send it some where else as it moving to the court?

 

Thanks

[super_cds]

[budsyk]

HI it seems we are at exactly the same stage maybe you are a week ahead but my defence for about £6000 incliuding interest was just acknowledged with hours to spare so will keep an eye on your situation Good Luck and keep fighting BUDSYK

[super_cds]

Hello!

Am slightly ahead, you will probable be getting the letter about the cpr request next week, well its more like a booklet!

hopefully all will turn out good for the both of us in the end

[budsyk]

A quick question did you claim for excess borrowing as on my statements i have just found an old nat west account with £3.50 per day excess borrowing charges and not sure wether to include as it racks up to many hundreds over the years

[super_cds]

didn’t have them on my account, but I don’t see why you cant add them on as well!

[super_cds]

have just had a reply from the court!

 

It is ordered that

1 The defendant do file and serve an amended defence to the further particulars attached hereto by 4pm on 20th july 2007.

 

Dated 29 june 2007

 

i sent them the standard reply about the cpr 18 request, saying that i was not prepared to answer it ect. along with a list of the charges im claiming back

 

not too sure what to do?

 

cheers if you can help

[hedgey06]

You haven't been asked to do anything - the court has ordered cobbetts to serve an amended defence and re-submit.

 

Sit tight - sounds as though you have a judge who isn't prepared to accept cobbett's 'tactics'!