boots Vs first national {ge money}

[gizmo111]

Hi boots

 

Timescale is as follows

 

After issuing claim there is 5 days before it is deemed served - they then have 14 days to ackowkedge claim and then a furteh 14 days to defend claim. Have a look at your notice of issue and it will give you dates for the above. it is normal for the banks to leave everything ot the last minute.

 

Good luck and don't worry everything is going as it should.

[boots1]

thanks gizmo

what happens if they do not respond after 14 days do i just wait or do i need to follow anything up with mcol,

thanks boots

[gizmo111]

thanks gizmo

what happens if they do not respond after 14 days do i just wait or do i need to follow anything up with mcol,

thanks boots

You could apply for a judgemment by default but thye will apply for and get a set aside - and this will delay things further. Best to wait for a few days after the deadline - by which time they will ahve acknowledged.

 

Good Luck

[boots1]

thanks

i will leave it until after the holidays with a lot of luck they might just forget about me and i will win by default

NOT SO LIKELY !!!!!!!!!!

boots

[gizmo111]

thanks

i will leave it until after the holidays with a lot of luck they might just forget about me and i will win by default

NOT SO LIKELY !!!!!!!!!!

boots

 

Highly unlikely hun - but don't worry - not long till baby now - let us know about that as well.

[boots1]

will do ,thanks again and i hope everyone has a fab xmas and new year

boots

[boots1]

hiya,

how would i know if ge money had acknowledged the claim would it show on mcol, as mine is still showing as issued on 06.12.2006 and have heard nothing at all only thing i received was a copy of statement before i had issued prelim letter nothing since

thanks boots

[tamadus]

hiya,

how would i know if ge money had acknowledged the claim would it show on mcol, as mine is still showing as issued on 06.12.2006 and have heard nothing at all only thing i received was a copy of statement before i had issued prelim letter nothing since

thanks boots

 

It is shown as acknowledged on MCOL once they acknowledge it. Even allowing for the Christmas break they should have acknowledged by the 20.12.06. By my guess they are now 8 days late (allowing 2 days for the Christmas break) whether the court will allow that long as an oversight is anybody's guess so I would give the MCOL helpline a phone call.

[boots1]

hiya

i have contacted the mcol helpline today and they have advised that they have not acknowledged my claim so to go back online and start a judgement i asked her is i should wait until full 28 days was up and she said no they onlt have 14 days from issued which even including the 5 days to deem it served and the holidays would have been before now,what happens now has this happened to anyone else?would you advise leaving it any longer because i dont want to delay anything or just enter the judgement now

thanks boots

[dolly]

Enter the judgement and see what happens - however do be prepared for them to enter the acknowledgement and defence late...in other words, don't get your hopes up too high at this stage.

[boots1]

thanks dolly

will do, i am not getting my hopes after reading other peoples threads but it might get them to spring into action hopefully

thanks very much boots

[boots1]

HI

one other thing when looking at entering a judgement it is asking agin about interest since the date of the claim so do i add another 8% from claim issue date os just leave the claim as it is ?

thanks

sorry its also asking whether i want the judgement paying immediatly or by a given date will i just put straight away or should i state a date

thanks

[dolly]

You need to work out the interest rate up until today - if you used one of the templates in the Library section to work out the 8% initially then just calculate the difference (never had to issue judgement so am working blind!!)

 

Ask for it to be paid immediately - that will get them into gear

[ellielou]

This sounds really promising boots - I hope all goes well with the claim & the baby.

 

Hopefully First National will pay up soon.

 

[boots1]

thanks ellielou

i think its all been a bit straightforward so far, so am starting to think i done something wrong but when i have spoken to mcol they seem to think it looks ok so you never know

does anyone know what happens when i have requested a judgement is there a timescale on that or is it just wait until they decide when to respond ?

no doubt i will get an acknowledgement and defence within the next couple of days but hey at least then i know i am getting some action because at the minute its like i just dreamt sending all of the letters and issuing the claim

thanks again boots

[sammyjammy]

They may well get judgement set aside, apparantly its common place, I was hoping that Eversheds had missed the deadline for their Allocation Questionnaire return as it was last working day before Christmas but no, they are now asking for it to be multi tracked and a hearing be arranged to discuss evidence, bring it on, there is a thread further up the page that has been settled via Eversheds so keep your fingers crossed.

 

Good luck

 

Sam

[boots1]

hi

does anyone know what happens now i have requested judgement by default is there a timescale on this as to how long they have to respond?can they still acknowledge my claim or will they just file a defence ?what happens if they request the judgement to be set aside ?

thanks boots

[sammyjammy]

If they ask for judgement to be set aside (they have to pay a fee for this) then the claim will just continue as before, they will submit defence and then at the end of the allotted time allocation questionnaires will need to be submitted. I don't know how long it could be left before the judge would say its too late, I would imagine its down to indivduals, have you rung MCOL again? My local court was shut from 22/12 right through until the 2nd so they are probably dealing with a backlog, unfortunately because it went over the Christmas period they were only 2 days late by the time the court shut down.

 

Sam

[boots1]

hi

i contacted mcol on 02.01.2007 and they told me to issue the judgement straight away as they had from 06.12.2006 to at least acknowledge they had received the claim and they had not even done that let alone try to submit a defence, but i have heard nothing whatsoever from them since i issued my prelim letter,no doubt i will do now

mcol said just give them till end of next week then if nothing has been done by them i can issue a warrant,i wanted to know if this is the timescale everyone else is using because i dont want to rush it all then end up making a mess of.

mcol helpline also said that i could issue warrant straight away but best to allow a little time for them to receive it.

its all getting a bit to confusing because i have been watching other threads and have never seen this before

when you say that my claim would jst continue as normal sammyjammy does that mean the deadlines would be the same as before because the deadline for submitting a defence was 08.01.2007 ?

thanks boots

[ellielou]

Boots don't panic - this sounds like a good position to be in.

They have 14 days to acknowledge your claim - if they don't you win by default.

If they do then they have an extra 14 days to submit their defence.

It's my understanding that First National have done neither - so click the judgement button and wait and see.

 

They could (I suppose) say that the delay in their responce is due to the Christmas break but as the courts have said they've had since the 6/12 to acknowledge, so Christmas is a pretty lame excuse.

 

Click the button - give it a week & see what happens.

 

I wish Kensington had done the same with may claim

[dolly]

Issue judgement....go on, they have had almost a month

[sammyjammy]

Totally agree, issue the judgement, its the law that says this is what you do next, there is no point in giving them more time, no judge would expect you to. Press the button today and see what happens, follow MCOL adivse, they deal with judgement by default every day.

 

Fingers crossed you've slipped through the net!

 

Sam

[boots1]

hi everyone

i have already requested the judgement yesterday,so will wait and see !!!! when you say that my claim would just continue as normal sammyjammy does that mean the deadlines would be the same as before because the deadline for submitting a defence was 08.01.2007 ?

i doubt i am lucky enough just to have sliiped through their net but everything is crossed.

how long do you wait before you win by default is it 14 days from issue,thats whats confusing me because mcol said leave it till next week then contact them just to make sure they have not heard anything then issue a warrant but i did not have to do this i could issue a warrant straight away if i wanted to,

if you win by default does that mean they have got to pay me they money or can they carry on ignoring my claim ?

at this rate i will go into labour today and then everything will be going on hold !!!!!!!

thanks again folks

[sammyjammy]

I'm far from an expert.....but I would imagine that if they now were to acknowledge the claim they would still get a further 14 days to submit a defence. AS far as teh judgement is concerned as long as it isn't set aside then they have to pay you the money, if they don't pay it within an agreed amount of time (that you put in MCOL when you entered the judgement) then you can send in the bailiffs, this will cost you (£65 I believe) which you in turn charge them for.

 

I think that if you've requested judgement on MCOL then it goes to a judge to make the decision so I don't think there is a set period, just keep checking as it should update on your claim when they've actioned it.

 

Zoot will probably pop in for her nightly session and will no doubt advise you if I've got anything wrong.

 

Fingers crossed for you.

 

Sam

[boots1]

hi

well i issued judgement by default on 03.01.2007 and still nothing has been acknowledged by them i have rang mcol and they said it is up to me as to whether i want to issue a warrant now or wait but apparently they can request the judgement to be set aside at any point.

what do i do,obviously i dont want to drag it out further and delay anything but nothing seems to be springing them into action.

i notice from one of seawalls posts that he issued judgement against rbos and issued a judgement and received his cheque about a month later but it says he was in contact with their group litigation section was this for erc or bank charges ?

is it worth contacting their customer services and asking what their doing or will i just dig myself a hole ?

how long would you give them before issuing a warrant because i dont want ot wait ages then issue it then the request judgement to be set aside but at the same time i dont want to be too hasty ?

please help !!!!!!!!!

i cant see on anyone elses threads that this has happened and although i know it sounds like a good position to be in ,i am at a loss as to what to do next

thanks for your advice boots