hillsymcmlxxvi v Nationwide

[hillsymcmlxxvi]

Right guys, i am one week away from a possible victory, as I have claimed via MCOL, it states that you have 2 options to choose when starting judgement

1) Says along the lines of "The defendant has not filed a defence or admission, the other says

2) the defendant admits all is owed,

 

So if It comes to midnight 13th June, and they havent filed a defence (even though tthey sent a Acknowledgement of Service) which of the options do I choose????

 

HELP!!!!!!!

[kopstar1965]

They will file a defence in all probability, then it's just a matter of waiting..& waiting, mine passed last Wednesday 30th. Still heard nothing

[hillsymcmlxxvi]

So even though they have till a set date, do you pass judgement, and start the next step of the procedure by selecting one iof the 2 options??

[kopstar1965]

No, if you read some of the other threads there are warnings about hitting the judgement button too soon, even after the date has passed, as this can delay the whole process.

My point was (or is) that they will in all probability file a defence, it just buys them some more time......

Andrew

[hillsymcmlxxvi]

Yea!!!

 

Just read the MCOL on line guide, and it says that you should enter default at the next day on the basis they have not sent their defence in to the court otherwise it takes preference, so hopefully on the 14th I can enter judgement against them

 

Fingers crossed!!!!!!

[Trish76]

I would personally allow them an extra few days beyond this deadline as the court does tend to allow them to submit a late defence. If this is the case and you've already entered judgement then the defendant will be allowed to apply for a set-a-side. This will then only delay proceedings even further.

 

I would expect the defence to be submitted on the deadline day or a couple of days later as this is usually the case.

[thelegend]

There are several threads advising you allow them a further 7 days before entering a judgement.