Sending In The Bailiffs/warrant (merged)

Edinburghlass_2

Sorry I'm not sure which 28 days if you have "pressed the judgement" button?
Are the bank saying they will pay you within 28 days?

Have a read of Beate's post in the Reclaim Help Thread regarding the timings for MCOL/Court.

taniadevotee

Sorry, I filed with the local court, waited for 14 days then got the judgement as they hadn't acknowledged. So now how long is it til its safe to send in the bailiffs? Is it 28 days from the served date that they can no longer dispute/defend the claim?
I hope this is clearer, coz it's resembling mud to me!! Lol!
T xxx

Edinburghlass_2

Its not a case of "sending in the bailiffs" at this stage. As you have had no response you need to "enter judgement by default" and you tick the box marked "the defendant has not filed an admission or defence".

FAQ from MCOL... http://www.hmcourts-service.gov.uk/cms/1051.htm#issuing

taniadevotee

Yes, I did that and got the judgement against them. A copy was sent to me this week. My confusion comes now... I don't know what next!!!
Sorry to be a pain in the you-know-where... lol T xx

Edinburghlass_2

Well you need to get in touch with the bank then and say where is my money, then if they don't pay you follow the instructions in the link above and issue a warrant.

taniadevotee

Ok, thanks very much :-) Is there a time limit to when they can ask for the judgement to be 'set aside'?
I am worried about the whole process being knocked back or taken to court properly now I have got this far.
T xx

Skelch

Hi all

I have requested warrant against LLoyds, but have decided that rather than waiting forever to see what happens next, I have also wrote a letter to LLyods (enclosing print off mcol of request for warrant of execution) explaining what I have done and asked them to make full payment to stop the process.. Seems a lot of people are saying the banks don't know whats going on at the court so maybe this may get me somewhere, and if not i've not lost anything other than the price of a stamp, and the bank can't delay me more by saying that aren't aware of whats happening.

If this don't work i'm still following through with the warrant anyway.

To those getting really stressed, at least this is a hope of getting back money that we thought was gone forever, if it's a long time coming it will be appreciated more. ( and no i'm not really well off, I do need the money,) but like I said I thought the money was well and truely gone as my claim is from 4 - 6 yrs ago, so another few months is not to long to wait.

justlaugh2

I have gone through the whole process of letters, court, judgment.

My judgment ( by default) agaist lloyds was issued on 6/6/07 i received a copy in the post on friday.
I immediately faxed it through to SC&M. I then called them to ask WHEN AM I GETTING MY MONEY! Mr Allen at SC&M was immediatley defensive and told me they havent received a copy yet ( i pointed out that I kindly faxed them a copy) and he said they are awaiting instructions from lloyds as they may apply for a set aside!

My question is: Is there a time limit for them to apply for a set aside?
I ask as my timescale and lloyds timscale asr totally different.

Claim deemed served 21/04/07
Acknowledged 14/05/07
No Defence. Judgment issued 4/06/07
Because they should have filed a defence by 22/05/07 will this make a difference to the amount of time in which they can ask for a set aside?

Thanks in advance

taniadevotee

justlaugh2 wrote: »

I have gone through the whole process of letters, court, judgment.

My judgment ( by default) agaist lloyds was issued on 6/6/07 i received a copy in the post on friday.
I immediately faxed it through to SC&M. I then called them to ask WHEN AM I GETTING MY MONEY! Mr Allen at SC&M was immediatley defensive and told me they havent received a copy yet ( i pointed out that I kindly faxed them a copy) and he said they are awaiting instructions from lloyds as they may apply for a set aside!

My question is: Is there a time limit for them to apply for a set aside?
I ask as my timescale and lloyds timscale asr totally different.

Claim deemed served 21/04/07
Acknowledged 14/05/07
No Defence. Judgment issued 4/06/07
Because they should have filed a defence by 22/05/07 will this make a difference to the amount of time in which they can ask for a set aside?

Thanks in advance

This is exactly what I want to find out too!! I have got my judgement but really didnt want to prod Lloyds if there is a danger it will bring me to their attention and then for them to request the judgement to be set aside. If there is a 'safety' date then I would prefer to prudently keep schtum until then!!

Ok, I'm a chicken! T xxx

Time_goes_by

taniadevotee wrote: »

This is exactly what I want to find out too!! I have got my judgement but really didnt want to prod Lloyds if there is a danger it will bring me to their attention and then for them to request the judgement to be set aside. If there is a 'safety' date then I would prefer to prudently keep schtum until then!!

Ok, I'm a chicken! T xxx

I received letter after judgment by default,,the bank virtually begging me to
set aside the case and write to the Court, as they didn't want me to endure court proceedings.Stay calm I don't think any of them have asked for case to be set aside, because they then have to produce evidence that the
charges they make are reasonable.