Sending In The Bailiffs/warrant (merged)

tiger_tim

the fact that Judgment was obtained prior to the OFT test case annoucement does not stop Abbey applying to have the Judgment set aside
I would await the outcome of the case before enforcing judgment which remains valid for 6 years

chris1huk

i thought once you got judgement they had to pay you.. got so excited yesterday when i claimed automatic judgement. i had no idea they could refuse to pay you

stikiuk

I am in the same situation as you vansgirl, we went to court and accepted an offer. The judge gave them 14 days to pay us which was last fri, and we havnt had our cheque.
The lady at the court has told us to send in the bailiffs too, ours is against A&L.
We have spoken to there solicitors today and said we'll give them till the end of today to get back to us or we will send the bailiffs in tomorrow. :mad:
Will let you know what happens.

chris1huk

are you confident in getting your money stik?
i was on a high since yesterday now i find out i may not get it after all especially after they didnt bother entering a defence or anything. i dont understand how they can refuse to pay out

trishapete

Hi, has anyone encountered this situation? I went to court on 17 July and a representative from Barclays arrived to tell me that the bank have agreed to refund me in full. We still had to go in front of the judge and he said that Barclays have until 1 November to pay up or we can then go back to court. I left it until last Monday, which happened to be 14 working days after the court date and phoned Barclays as I had not even received a letter confirming what their rep had said at the court. The rep couldn't give us any idea of when we would be paid but said that he couldn't see them delaying now that they have agreed to pay.

I have phoned Barclays 3 times last week and 4 times this week so far. First I was told that I need to speak to the Litigation team and that all lines were busy and that someone would call me back. Messages were left with Litigation a total of 4 times with no response. It was only on my 3rd phone call today that someone said that this was a matter between myself and the court and that the bank couldn't answer any questions on this subject. Then my husband called them back and was given the name of the person "dealing with our claim". She said that the bank hadn't received a judgement from the court. By this time the person we were to call had gone home.

It's looking to me that the bank is waiting for the November date to pass so that I have to go back to court and then ask the court to send judgement. Where do I go from here? I reported my success on this site, maybe too prematurely

heathdene

Hello.

I issue a court summons against Halifax for 50% bank charges & 50% credit card charges on 18th June 2007.

They did not submit a defence.

I then requested Judgement, but still no contact was made.

I have now sent a Warrant of Execution.

The bank have now contacted me, saying that they will pay my Credit Card charges, plus court fee, plus warrant fee, and interest, but will apply for a stay on bank charges.

Are they still entitled to do this even though procedings have gone this far, and if so, how could I appeal against this?

Thankyou

Freakyleaky

Did the court award judgement on both cases?

heathdene

I put both claims on 1 summons. As they never submitted a defence, the court then sent me a request for Judgement, which was ignored so I think the answer to your question is Yes.

Stokey125

I know you can apply to set aside the whole of the judgment the rules governing are in part on the thread Nat West applying to set aside a judgment. I am not sure that you can apply to set aside part of the judgment. In any case they would have to explain why they failed to put in a defence earlier and they would have to prove that they have a defence . If you look on the same thread I have added some non specific arguments that you may want to consider using.

basser_2

<!-- post 5989489 popup menu -->
<TABLE cellSpacing=1 cellPadding=4 border=0><TBODY><TR><TD class=thead></TD></TR><TR><TD class=vbmenu_option></TD></TR><TR><TD class=vbmenu_option></TD></TR><TR><TD class=vbmenu_option></TD></TR><TR><TD class=vbmenu_option></TD></TR></TBODY></TABLE><TABLE class=tborder id=post5989489 cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR vAlign=top><TD class=alt1 id=td_post_5989489>I think i will need some help here please...

I took a&l to the small claims court, they never acknowledged the courts papers or entered a defence.
i got a judgement in default through the mcol but have not started a warrant as i figured i would give them 21 days to pay up.
the 21 days are up....
i have recieved and kept safe an email, stating they will pay me in full within 5 days(this was sent to me 3 days after the judgement).
now they have sent me numerous emails stalling the process and finally yesterday an email saying the case was in the hands of their legal department.

Where do i stand...as they promised me by email that they were going to pay me withinin 5 days????

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