MCOL

[Stillo]

Afternoon

im sorry i dont know where to post this but i am seeking a little help please, i have in December made a claim against Brighthouse (Caversham Finance) with MCOL for the return of OSC and DLC. Brighthouse returned the acknowledgement of service form giving them an extra 14 days from the original 14 days to file a defense or to admit liability, that time was up at midnight on 23/01/2013. At 6.26am on the 24/01/2013 i asked for a Default judgement to be made against Brighthouse and nothing was done by MCOL,today 25/01/2013 Brighthouse have filed a defense 27 Hours after my request for Judgement i was told that because they received the letter before my request for judgement that the defense comes first which by the way i totally accept they have a right to make a defense but surely not on a totally different day to the request for judgement

Although i have no problems going to court i feel that this way of making a claim is not full explained, should my application for judgement have been accepted on the day i requested it and not a day later therefore allowing the defendant an extra day,are these timescales only an indication of when they are likely to do something or do they make there own minds up as to when to processes them.if my request for judgement was processed on the day i applied for it i would have won my case

Please forgive any grammatical errors of spelling mistakes i suffer with low vision

Regards
Stillo

[labman]

Re: MCOL

Bump

[michael]

Re: MCOL

If my request for judgement was processed on the day i applied for it i would have won my case

Actually you wouldn't. Even if the default judgement had been granted, BH would have been able to have to apply to have it set aside and you would be back to where you are now.

[Stillo]

Re: MCOL

Thank you Michael for your reply

I accept what you say as i know nothing about the legal system, my concern is that they have not processed my request for Judgement even though i had the request in before 9.00am as told to do so and Brighthouse did not respond by 4pm that day they responded the very next day after the deadline, HM Justice and tribunal website quite clearly states that any request for Judgement will be processed at 4pm providing the request was made before 0900am the same day. This was done by me and i feel that they have no excuse for not issuing the request, otherwise there is not really much point in having deadlines.

Brighthouse have completely ignored all my requests for information they have not replied to any of my correspondence they even ignored my request for SAR even though i sent them the required £10.00 postal order all my correspondence was sent by mail that required a signature and all mail was signed for they have at the very last minute filed acknowledgment of service but have submitted their defense 27 Hours after i asked for judgment,hardly seems fair does it.

I will attend court and if i win i will automatically make another claim for some of the money they owe me, due to Brighthouse being unreasonable and not supplying me with my data under the data protection act i had to make an estimated guess as to what they owe me due to there reluctance to provide me with my data, i was out be around £400.00 pounds.

Can you please tell me how they could get it set aside and if they did what then would be my options?

Regards
Stillo

[michael]

Re: MCOL

Can you please tell me how they could get it set aside and if they did what then would be my options?

They don't need to since the court has allowed them to file their defence. and the case will now proceed to a hearing as normal

Courts will invariably allow late service. If they didn't, they know that the defendant may well successfully apply to have the judgment set-aside anyway. Plus they are bound by the Civil Procedure Rules (Part 1 -Overriding Objective)

Under Rule 13.3(1), the court can use its discretion to set aside or vary a default judgment if the applicant can show that:

• he (the defendant) has a real prospect of successfully defending the claim; or
• it appears to the court that there is some other good reason why the judgment should be set aside or varied; or the defendant should be allowed to defend the claim.

[Stillo]

Re: MCOL

Thank you MIchael

I look very much forward going to court

Regards
Stillo