Sending In The Bailiffs/warrant (merged)

Stokey125

basser wrote: »

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<table border="0" cellpadding="4" cellspacing="1"><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" align="center" border="0" cellpadding="4" cellspacing="0" width="100%"><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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You should apply for a warrant of execution and leave it to the baliffs to try and extract payment. If they attempt to have the judgment seta side you can use the email as proof that they did not intend to defend the matter and accepted the judgment.

Palerie-head

I'll keep a long story as short as possible...

I started my claim with HSBC back in February and got the usual no response. I then filed with MCOL and bank defended. Got allocated to my local county court and bank didn't get their defence in as requested by the judge. I applied for judgement and was awarded full amount plus costs and interest (original claim was just for penalties back).

Bank have until 4pm tomorrow to pay up. I called them on another matter yesterday and asked if they were in the process of crediting my account - and they claim to have never heard from the court and will not be paying me anything tomorrow. They recommend I wait '2-3 days and check with them again'.

I have even emailed them a copy of the judgement to 'help them comply' with the order but that has gone ignored.

So, my question is - do I apply to the court for a warrant? Has anyone had to do this yet? If so, what is the process and how long do you have to wai for it to be served?

I'm so fed up with them messing me around.

GadgetsDS

they owe u money, if they dont pay sent the bailiffs in

nailglam

I applied for a warrant against HSBC (which costs) using the on-line money claim site (www.moneyclaim.gov.uk) with their recommendations which resulted in the warrant being applied for unnecessarily of which I had to recalim fees. I cannot remember how long the warranty takes to be served, sorry. It is now at the stage of going to court and was due to be heard on 9th August. However I am now in the situation where I started the process in December 2006 and 1st Aug received a letter from the solicitors of HSBC informing me that everything is on hold (until goodness knows when) because of the new legal proceedings with the Office of Fair Trading and the major banks are involved in against bank charges. So the process has taken 9 months - cost me more money - with the likelyhood of gaining nothing back and having to pay for court costs as the favour will go towards the banks. I wish I had not started the whole process.

Palerie-head

nailglam wrote: »

I applied for a warrant against HSBC (which costs) using the on-line money claim site (www.moneyclaim.gov.uk) with their recommendations which resulted in the warrant being applied for unnecessarily of which I had to recalim fees. I cannot remember how long the warranty takes to be served, sorry. It is now at the stage of going to court and was due to be heard on 9th August. However I am now in the situation where I started the process in December 2006 and 1st Aug received a letter from the solicitors of HSBC informing me that everything is on hold (until goodness knows when) because of the new legal proceedings with the Office of Fair Trading and the major banks are involved in against bank charges. So the process has taken 9 months - cost me more money - with the likelyhood of gaining nothing back and having to pay for court costs as the favour will go towards the banks. I wish I had not started the whole process.

Hi Nailglam

When you say you issued a warrant...was that after you had been given judgement? (ie after the judge said that you were entitled to the money?) I can't understand how they can not pay out after a county court judge has ruled that they owe you the money - not even the banks can over rule the courts surely???:eek:

Palerie-head

I've now had a reply to the emailed copy of the judgement that I sent the bank, one requesting more information (what? inside leg measurement?) and the other referring me to a pre recorded message in their legal department. Great help that was. I also had a message via internet banking that waffled on about the test case and that it meant my case was put on hold.

Am I missing something here then? Do judgements not apply? even if they were given before the test case announcement? My local county court don't seem to think so, so unless HSBC know something they don't....

TigerTiger26

Any help, guidence or past experiences would be helpful. I have just had a request for a warrent from the courts as the bank are refusing to pay up....despite the judgement being in me favour nearly 3 weeks.

Thanks in advance to anyone who can offer an insight into what'll happen next

basser_2

first....try and contact the bank and inform them of their bad luck...lol....if possible speak to their legal department or solicitors...i didnt execute the warant to send in the balliffs...i just threatened them with it...it took me an extra 3 weeks ,but im being paid the full amount within the next 21 days.
Executing the warrant will enable them to apply for stays and hold up your case and drag it out even longer ,if they want to....ultimately you must do what "you" think is right.....good luck :money:

basser_2

i would personally,give the bank 21 days to pay ...before sending in the balliffs.I f you immediately apply for a warrant,they might apply for a stay of execution and this will take you longer to get your money..the test case has no bearing on your judgement as they have already lost the case by not responding in time.If possible speak to their legal team and/or solicitors stating you will send in the balliffs, and also have the option of paying £50 and send the case to the high court(as your claim is for over £600)...this will allow the court enforcment officers(balliffs with real power) to go in ....more info if needed from this company who come highly recommende by the consumer action group website
http://www.elliottdavies.com/

zena2105

Hi,
I have claim with Allanice and Liecester, they were ordered on 31st july, to pay me in full.
I spoke to Wraggle and co on the 9th August, who informed me that they had e-mailed thier client and told them they had lost...ha...ha....:D

I was told that the money would be going in from 7th August up to 7days.....Still no money now the 21st August...:mad:

I have had a read of A & L thread a few people there have been told payment on hold, which it should not be.....

How long am I supposed to wait for them to pay??

How do I go about hiring bailiffs and the cost???

Can I ask the bailiffs to claim there costs from bank???

Thanks in advance....