Date and time for acknowledgement by defence - advice needed

[andrew2332]

Hi all,

The defendant has informed me that they will seek to have my case case struck out on the 18th at 3:30pm if I don't sign a letter they have sent me stating I will dismiss the case.

Their acknowledgement is due by the 17th.

This case is currently on the MCOL service.

Does this mean that I can file for/ask for a default in my favour first thing on the 18th and win my case?

Thanks,

xx

[andrew2332]

Re: Date and time for acknowledgement by defence - advice needed

One other question - can I take Virgin head office to Court if my gripe is with a company they own WHOLLY, i.e. Virgin Trains?

[nemesis45]

Re: Date and time for acknowledgement by defence - advice needed

Hi.
There is not enough information here to advise on either question please elaborate.

[andrew2332]

Re: Date and time for acknowledgement by defence - advice needed

Well, the Defence are due to file an acknowledgement of service by the 17th.

At 3:30pm on the 18th, they intend to send an application to the MCOL service asking for trike out.

If I submit an application for default on this claim 9am on the 18th, and because there was no acknowledgement of service by the end of the 17th, does this not mean that I will win?

[nemesis45]

Re: Date and time for acknowledgement by defence - advice needed

Win/lose depends on the judges decision on the application e.g. is it / reasonable.
Can you elaborate on the Virgin Trains problem.

[Amethyst]

Re: Date and time for acknowledgement by defence - advice needed

If you filed for default judgment in the knowledge that they are making an application then it would just be overturned so there really is no point.

Has the defendant given a reason for asking to strike out the claim ? ( wrong company / lack of particulars / abuse of process etc)

You can defend their application to strike out, but if it is the wrong company you have made a claim against you should just apply to amend to correct your error.

As others have asked, bit more detail on the claim you are making, and the POC you have entered would be helpful.

[FlamingParrot]

Re: Date and time for acknowledgement by defence - advice needed

Well, the Defence are due to file an acknowledgement of service by the 17th.

At 3:30pm on the 18th, they intend to send an application to the MCOL service asking for trike out.

If I submit an application for default on this claim 9am on the 18th, and because there was no acknowledgement of service by the end of the 17th, does this not mean that I will win?

You don't need to submit an application to the court, all you need to do is log in to your MCOL account and request judgment by default. This isn't a case of 'winning' since this is an automated process and not a judge's ruling. The defendant can still respond to the court while the court is processing your request and their response will take priority so it's a question of getting there first.

I do wonder why they would want to submit an application at exactly 3:30pm if that would leave them wide open for several hours during which you could request default judgment against them, before their application is submitted. :noidea:

Bear in mind obtaining judgment by default doesn't necessarily mean the end of the process or that you have 'won' as such. The defendant can still apply for the judgment to be set aside in certain circumstances, and even if they don't, you may need to look at ways to enforce the judgment to get your money back.

I would suggest looking at the MCOL guide for claimants: http://www.justice.gov.uk/downloads/...tart-guide.pdf

[stevemLS]

Re: Date and time for acknowledgement by defence - advice needed

I don't think there is any need for any more information on the Virgin question, you must sue the legal "person" with whom you have the dispute. In this case, sounds like Virgin Trains. Their parent company would be the wrong defendant. The fact that they are wholly owned is immaterial.