Sending In The Bailiffs/warrant (merged)

I'mcomingbackasaman

I'd ask the Court dealing with your claim to see if the suspension affects your claim. Don't see why it should affect it though as judgement has been made on it, your simply waiting for the bank to pay up. The Court may tell you to wait (possibly 28 days) and see if it's paid to you. If not you have to fill in a further Court form called a warrant of execution to the bank for non payment.

Hope you get your charges back without doing this as you have to pay for the warrant of execution. Although you will get this back from the bank. You could always try writing to the bank and sending a copy of the judgement made to give them a nudge. Good luck.

scottishchick27

I'm in the same position as you, got my judgement last week. I called Lloyds Tsb yesterday and they said I would still get my money as the judgement was already through. I would contact your bank and if you get no joy then contact the court.

Edinburghlass_2

Check the website for your bank as all of the major banks have put up an explanation of how they are handling cases from now on.

Your claim can't be suspended as you have won your case. If you don't get your money from the bank can read the information given on MCOL regarding issuing a warrant for payment.

http://www.hmcourts-service.gov.uk/cms/1051.htm#general

firefox_2

I entered a judgement by default against Lloyds through MCOL (served on 25 July) as they didn't respond to my complaints etc. I have just spoken with Lloyds who have advised that in view of the OFT case, the judgement will be suspended pending the outcome of the test case.

I have told them I will be contacting the court tomorrow for their view and, if necessary will be issuing a warrant. Apparently a warrant will be acknowledged by the bank, but again no action will be taken.

This seems unfair, given that they didn't respond in the first place and are only going the test case route in view of the amount this is costing them.

Edinburghlass_2

I think you'd find that Lloyds will have to do more than acknowledge a warrant especially when the bailiffs come in

I reckon that the people answering the queries at the moment probably don't have all the facts to hand for each and every senario and will most likely have been told to say that everything will be on hold meantime.

The court will be able to advise you on your next step.

Stokey125

firefox wrote: »

I entered a judgement by default against Lloyds through MCOL (served on 25 July) as they didn't respond to my complaints etc. I have just spoken with Lloyds who have advised that in view of the OFT case, the judgement will be suspended pending the outcome of the test case. .

I agree with Edinburghlass on this one whoever you spoke to at Lloyds was wrong. You can just apply for a warrnt of execution to enforce the judgment but judging from some other posts you may find a bit of a queue of people enforcing judgments against Lloyds. It would be interesting to see if Lloyds seek to have judgment set aside and on what grounds as they will have to show they have a defence that will succeed. Which raises a problem if you check carefully I think you will find that in the t&c the charge is shown as being to cover the work involved in returning the cheque.

firefox_2

Thanks for the comments - will contact the court tomorrow and provide an update tomorrow night - watch this space!

Almost_lucky

O.K. I have spoken to Lloyds today and they have advised me that although I have won in court and despite them not having asked for the Judgement to be varied or stayed within the required time. They will be asking the court to put a stay on the Judgement to prevent me employing a bailiff, thus making me wait to the test case is decided!

It's no fun being a little guy !

Stokey125

Almost_lucky wrote: »

O.K. I have spoken to Lloyds today and they have advised me that although I have won in court and despite them not having asked for the Judgement to be varied or stayed within the required time. They will be asking the court to put a stay on the Judgement to prevent me employing a bailiff, thus making me wait to the test case is decided!

It's no fun being a little guy !

They can ask I am not sure they will succeed as they will have to show that they have a defence that is likely to succeed

vansgirl69

Please help! We have just had through our Judgment for Claimant (in default) against the Abbey and my husband and I went into our local branch on Monday and asked to see the manager. After a 10-15 min wait he turned up and told us that due to the ongoing high court case he was not at liberty to talk to any customers regarding their claims.:mad: My husband pointed out to him that our judgment was dated the 23 July 2007 four days before the OFT announcement (27 July 2007) So therefore surely they should abide by what the Judge in our case has said. We are now at the stage of appointing the Bailiffs. We would like some advice if anyone has any to offer regarding getting in the Bailiffs. When I spoke to the girl at the Court Office she said we could appoint the Bailiffs but the Abbey could still refuse to pay us. Is it worth the risk and the £55 charge. If anyone could help out there or offer any advice then my husband and I would be eternally thankful. Many thanks, Vansgirl69