Sending In The Bailiffs/warrant (merged)

payn3477 · 23 March 2007 at 11:46PM

I am trying to claim back £5,000 of bank charges from Barclays. I have gone through the whole process of mcol to no gain. On speaking to Barclays today, they state they have never recieved any papers from myself or the court. Hence, today I have requested a warrant. What happens now...do I end up with £5000 worth of computer equipment...and how long does it take?

Edinburghlass_2 · 23 March 2007 at 11:59PM

From MCOL FAQ

Q. I issued a warrant two weeks ago and I have not heard anything, why not?

A. Warrants are not actioned immediately. The defendant's local court will receive your warrant. They will then write to the defendant to advise them a warrant has been issued and that they have seven days to contact the bailiff to make payment / offer of payment. If no response is received the bailiff will then visit the defendant's property. The time limit on this depends on how busy the court is, but this is usually within fourteen days. Warrants can take several weeks to action, as the bailiff may have to visit the property more than once. Q. How will I know the progress of my warrant?

A. The court executing the warrant will update you by post. Your claim will also be updated on the website. If you require an update you can contact the local court directly and speak to their enforcement section.

One well documented case...

http://forums.moneysavingexpert.com/showthread.html?t=355010

stevemb · 30 March 2007 at 3:45PM

The court issued a judgement to the halifax on the 19th of march 07 and I have still heard nothing. The ammount is £1,250. I am unsure wehat to do next can anyone advise me?

tiff · 30 March 2007 at 4:42PM

You can request a warrant on MCOL, for the bailiffs to go in, I think this is £55. It might be worth calling them or writing first though, as apparently the bailiff process can take quite a while.

I was going to do this but then my bank paid up about 8 days after the judgement was issued.

elliebellie · 30 March 2007 at 6:18PM

Hi tiff
Just seen ur response to OP,got a related question for you as you've been through the process. How long did it take for the claim to be heard from when you issued it through MCOL - i'm assuming you took the MCOL route?

billydavey · 4 April 2007 at 7:46AM

I took the HSBC bank to court and they failed to enter a defence so I entered a judgement by default and it was accepted by the judge who sent an order to the bank for payment in full.
I'm just wondering how long I should wait for the bank to send payment or pay into my account?
Judgement was sent on Friday and no money has been put into my account yet?
Do I issue a warrant now or how long should I give it befre I do?

Thanks.

billydavey · 4 April 2007 at 11:34AM

Sorry to bump so soon but I'm quite desperate.
I have been charged £75 by the bank again for going over my overdraft, which I wouldn't have done if the bank had paid me the money they owed me.
As a result I am now back over my overdraft and can no longer draw any more money out.
Does anyone know how long I should wait before I request a warrant?

Thanks

billydavey · 5 April 2007 at 2:47PM

OK, just to update, I've phoned the bank again today and they advised they've received the judgement from the courts but it will take up to 8 weeks for me to get my money back as they have to launch "an investigation".
I advised them this was unacceptable as I have again been charged by the bank for going over my overdraft, something which would not happen if they'd returned MY MONEY!!!.
So, I've filed a warrant to send in the bailifs and I'll let them get the money back to me.

AIM££ · 5 April 2007 at 3:24PM

Well done! They do the "investigation" thing so that you might go over your overdraft again, in an attempt to earn more money from you. Don't give them the satisfaction, don't expect them to do anything for you. You have to remember that at the end of the day they are a "business" and they will take money from you any way they can.

Tozer · 5 April 2007 at 3:28PM

If you have judgment which is payable forthwith (usually the case with default judgments), then you can enforce straight away. Sensible thing would be for you to ask for bailiff enforcement immediately - fee is payable but they add that to what is recovered. Their in-house legal team will deal IMMEDIATELY.

lhilling · 27 April 2007 at 12:12PM

I issued a warrant online to LLOYDS TSB on 23.4.07. Does anyone know how long I should wait before reissue. I realise it is early days but want to be prepared. I have not received any correspondence or contact from LLOYDS TSB whatsoever.

Sending In The Bailiffs/warrant (merged)

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