Complaints about Money Claims on Line

[moongazer]

Hi
has anyone made a complaint against MCOL?
I issued a judgment, by default, against a property management company - they had not filed their directions questionnaire in time.
following the judgment the company applied to set aside the judgment.
I was at a hearing yesterday and the judgment was set aside - annoying!
the reason being when the defendant sent in their defence MCOL did not register the solicitor's details as acting for the defendant and continued to send paperwork to the company's registered address. nice little loop hole for the defendant.
so my question is can I make a complaint about MCOL and make a claim for the mileage, parking and day's wages? (even though I had to take it as holiday)

thanks

[Rocket Ron]

Re: Complaints about Money Claims on Line

Hi

I have logged a complaint with them last Friday by email. Apart from a read receipt I haven't heard anything more. I think it will take up to 10 days for a response but after what I have experienced so far I am not holding out much hope. I filed a claim and the defendant filed an acknowledgement of service at the last minute which gave them another 14 days to file a defence - 28 days in total. I rang the helpdesk to confirm exactly when this would be and when a defence wasn't filed, I asked for a default judgment the very next day. This was issued a few days later and I received confirmation in the post. However when logging in to issue a warrant, a 'bar' had been put in place! Apparently they had filed a defence again at the eleventh hour but Money Claims hadn't logged it. It then had to go to a district judge to look at and I have just found out his defence has now ben filed yesterday - 14 days after the final day the defence should of been sent in?!? How can that be right!?! I have only found this out by ringing the 'helpdesk' and trying to make sense of what is exactly is going as I am completely in the dark and have received nothing about all this via my claim screen or in the post. In fact when I logged in today my claim history has been reduced to just the defence being filed! I think it's disgraceful considering I paid the a large fee and I have been following their instructions to the latter for fear of messing up the claim. I feel like I am being penalised for Money Claims and the defendants mess!

[Amethyst]

Re: Complaints about Money Claims on Line

In those kind of circumstances we'd usually say to consent to the set-aside of a default judgment as it is usually awarded. It isn't very fair - the MCOL system is crap - and yes make a complaint but I wouldn't expect it to go anywhere. TBH with claimants we do usually say leave it a couple weeks before jumping on the judgment by default button as it can just end up costing you time & money when a set aside is applied for.

I'd concentrate on your case.... all this can be included in your witness statement if you go to a hearing. If they keep missing deadlines it won't help them.

[Rocket Ron]

Re: Complaints about Money Claims on Line

Sorry don't quite understand what you mean - do you mean as the defence had not been logged properly the judgement should be set aside? I have asked for proof that this is the case and exactly when the defence was filed and how it was done as nothing came up at all on my claim overview screen, even now.

[moongazer]

Re: Complaints about Money Claims on Line

Sorry don't quite understand what you mean - do you mean as the defence had not been logged properly the judgement should be set aside? I have asked for proof that this is the case and exactly when the defence was filed and how it was done as nothing came up at all on my claim overview screen, even now.

hi Ron - thanks for your reply
yes, the judgment was set aside because the DQ never went directly to the solicitor after the defence was filed. they sent it to the defendant. according to the district judge, the court should have registered the solicitors as acting for defendant once defence was filed and all further correspondence, including DQ, should have gone direct to the solicitor. as it didn't there was a delay in the defendant filing their DQ and subsequently their defence was struck out. great loophole eh?

- - - Updated - - -

HI Amethyst thank you for replying
sorry what do you mean all this can be included in my witness statement? do you mean the shoddy work of MCOL?

[Rocket Ron]

Re: Complaints about Money Claims on Line

That's terrible! As you will see I'm having my own strange series of events as well! And now defence has been allowed and filed some 14 days after it should of been because of MCOL cock up and judgement set aside. I still don't really know what is going on nothing in my claim overview screen, all clam history has now disappeared!?

[moongazer]

Re: Complaints about Money Claims on Line

Hi Ron

the history should come up in full when you click on Transaction History button