28 day deadline gone for bank filing defence

[lea2001gb]

Hi

 

Filed with MCOL on 9th July 2007 with regards to Halifax. Received the notice of issue through the post which states it will be deemed to be served on the 14th July 2007.

 

I have heard nothing from Halifax or anywhere else with regards this claim, so I make it that it is 29 days today. I have gone back onto the MCOL website and clicked Start to get a judgement by default. I keep getting a message saying I cannot begin a judgement at the this and get a message which says the bank is allowed 28 days from being served to defend the claim. They haven't defended the claim or done anything and MCOL will not allow me to acquire judgement.

 

Can anyone help? Is there something I am missing?

[gizmo111]

You cannot get judgement until 28 days after the claim was deemed served which was 14 July - so 28 days is 11 Aug - as this a sat then you wil lnot be able to get judement until tomorrow.

Also they may well have filed a defence but it isn't showing on the MCOL yet.

[lea2001gb]

So I cannot put a request for judgement in until Monday?

 

Getting really confused with this.

[lea2001gb]

Tried to get a judgement today on MCOL as it is 30 days and it keeps saying I cannot get a judgement at this time. It states:

 

You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

 

Any advice on this as it is now 30 days

[sea-sidelady]

Try it again in the morning.

But as gizmo says, they might of filed the defence and it hasnt shown up on mcol yet.

 

When they filed a defence on mine it took a few days to show.

[lea2001gb]

Logged onto MCOL today and registered my judgement by default as Halifax have failed to file a defence.

 

Halifax have until 21st August 2007 to give me my money back.

 

Lets see what happens!!!

[deadlykiss]

hope it goes ok ,, good luck

[kennythecelt]

Some motivation, stay refused and victory.................. ...

 

It appears that some banks have adopted the tactic of appointing a firm of solicitors to request a stay. If the stay is not granted, the solicitor is not authorised to defend the banks position. Pass the word.

 

 

juicyd v AIB - STAY REFUSED - **WON**

[lea2001gb]

OK Halifax have until tomorrow to give me my pennies back, I was fair and gave them a week to repay it (the same amount of time they give their customers to pay the charges). So far I have heard nothing - they said they were going to defend and didn't so 32 days passed and I claimed a judgement by default.

 

If they don't pay, what do I do then?

[nat]

Send in the Baliffs

[jollyjo]

You'll need to get the confirmation from MCOL that the jusgement has been granted firt though. Have a read of this, it will tell you what to do - good luck !

 

Her Majesty's Courts Service

[overflow]

** Urgent All Mcol Claims Automatically Stayed **

 

Hi Lea

 

Have you read this thread at all.

 

Dont know if it will apply to you or not.

 

Regards

[**Tilly**]

hi lea have a look in here

Default Judgement?

you can complete the request for judgement by default in the judgement section of the notice if issue the court sent when you filed your claim but like jollyjo said you need to check first that judgement has been granted

[lea2001gb]

OK today is D Day for Halifax giving me my money back. Just checked out online banking and surprise surprise, there is no refund in there. Now do I wait all day and see if it goes in, or do I now go straight back to MCOL and file a warrant of execution? The reason I ask is, it says if it is filed before 9am they sort it the same day - after 9am they do it the following day. Problem is, I am away from early morning Thursday until 30th August. Plus, I know Halifax have a habit of either putting pennies in late on in the afternoon or just ignoring it completely.

 

I am stumped guys, and for me to be up this time of day tut tut there are 2 7am's in one day?????

[sea-sidelady]

You do need confinmation judgement has been granted. You can phone mcol and see if they have the information.

 

Once you have confirmation, you should read this, it has everything you need to know about how to enfore a judgement...

 

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

[lea2001gb]

Just got back from a week in Spain and Halifax still have not paid me back the £££'s that I got a default judgement for. It was supposed to be paid back by 21st August 2007 and now it is 30th August 2007 and I have nothing. I think a call to MCOL in the morning to sort out a warrant of executive and get the little blighters working!!!

[**Tilly**]

hi lea hope you enjoyed your holiday if you follow ssl advise and ring the court to see if judgement has been granted and follow the link ssl posted good luck

[lea2001gb]

Hi Tilly, I have a document sent to me stating that judgement has been granted by default as no defence was filed. This was sent about 3 days after I requested judgement by default. Is this the one I need? I phoned MCOL when I received it and the lady told me that is the document that tells you judgement has been granted.

[**Tilly**]

yes if says judgement has been granted have a good read of the link ssl gave you any worrys just shout there is always somebody around to help

[lea2001gb]

Spoke to the nice lady at MCOL this morning regarding warrant of executive and she adviced to phone the Halifax and inform them of the judgement that they have ignored. So I phoned the Halifax:

 

HOW RUDE ARE THESE PEOPLE?????

 

After speaking initially to Maureen who said she was in the bank account bit and couldn't help (she put me through to what she stated was customer relations and it was another bank account person). I spoke to another person who didn't give her name. She stated that they don't have to inform me of anything and at the moment I am not a bank customer but the opposition (I thought that was rather stupid). I questioned why they had not defended the claim when they initially stated they were going to and was told 'I cannot comment on that, I don't know' so I asked why I hadn't received any correspondence at all since beginning of June and was again told 'I cannot comment on that, I don't know'. She was very rude, interupted everything I said and basically didn't listen to anything. She said they are applying for a stay and if I go for a warrant of execution they would apply for a stay on that as well. I applied for the judgement on 14th August and was granted it and now it has taken until 31st August (and me phoning them) to be told anything and in a very rude manner. I am completely livid as the bank have treated me disgustingly and I am annoyed that the court have issued a judgement and the bank have blatantly ignored it. Plus I was on the phone for 40 minutes (and on hold for about 30 of those).

 

FUMING NOW!!!!!

[**Tilly**]

hi lea they can apply for a stay but it is down to the court weather or not it is granted dont let them bully you have done everything correct in the link ssl gave you there is a letter giving them a further 7 days to pay up or you will issue a warrant of execution

[lea2001gb]

Which court will hear the stay as I filed with MCOL with is Northampton - they are hearing cases on a case-by-case basis, I live in Worksop which apparently are still hearing cases but the Halifax who are based in Halifax are staying all cases? The lady at MCOL seemed to think it would Halifax County Court but she wasn't sure.

[jollyjo]

Hi Lea.

Been following your thread as my daughters defence should be in today from the Halifax, to date nothings there.

 

I would have no further dealings with them on the phone. You'd be better off going down to your local county court to sort it out and they will issue the warrant and transfer it to the nearest court to Halifax, which would be Halifax County Court. There is a charge for the warrant but the bailiffs will recover this for you.

They cannot stay a case after judgement has been granted and they certainly can't stay a warrant. What makes them think that they are any different to any other Jo Blogs which would have goods removed by the bailiff in they didn't settle the warrant.

 

Don't forget to take all the correspondence down to the court with you, I'm sure they will help you sort it. Good Luck.

[kennythecelt]

Good luck with this and please let us know how you get on!!

[lea2001gb]

Just called MCOL again with regards this whole fiasco. Lady there (who is very nice and helpful by the way) again stated to call Halifax County Court as that is where the address is and where the warrant will be executed.

 

So I called Halifax County Court and the lady there was very nice too. I stated that I had heard that they were staying all the cases. She stated that this is not the case with regards to judgements and that I should speak to the bailiff officer on Tuesday as she was informed that he is still executing some warrants. I will be telephoning the said gentleman on Tuesday as this has now gone beyond a joke. I think the Halifax are under the impression that all judgements are being stayed but unfortunately for them for they are not.