Sending In The Bailiffs/warrant (merged)

zena2105

Palerie-head wrote: »

Thanks for that Bailiffchaser - will the county court still make arrangements for the high court enforcement officer?

this company sound good and have experience in these cases.....

Elliott davies procedure <hr style="color: rgb(102, 0, 0);" size="1"> <!-- / icon and title --> <!-- message --> Just phoned the elliot davies bailiffs as advised in a few threads... and here is what they advised for anyone interested.....They are High Court Bailiffs

1st you have a judgement from County Court, fill in a form, called transfer up instruction, include a £64.10 court and admin fee which they will also claim back from Defendant (Bank) , as well as their costs http://www.elliottdavies.com/pages/Form2.htm

They will file this with County Court to transfer it up to High Court, <- the time this takes depends on your county court...!!!! .....then get a warrant of execution, then within 48 hours...they will....

go to bank demand money threaten to take their computer equipment and get the money.......the man I spoke to said he has done quite a few and they have always paid up....


High Court bailiffs have more power than County Court.....:p.

Only £9.10 more than going through MCOL......:j

Palerie-head

Has anyone had success in getting money from a judgement issued just prior to 27/7?

Mine was issued on 25/7 and HSBC refuse to pay and have apparently applied for it to be set aside.

hoolatallulah

I took the Halifax to court for bank charges, and the courts ruled in my favour. Halifax have not paid out and the courts are now asking me to pay to issue a warrant.

I have contacted Halifax and they have told me categorically that they are NOT going to pay out.
I thought a judgement set by the courts HAD to be paid?
What will happen once I issue a warrant? Will I have to enlist the help of a debt collector?

I am a bit thrown by this latest development, having researched the whole process of reclaiming my charges I read nothing about banks refusing to pay out and what to do when they do refuse.

Not sure if it's relevant but the Judgement was issued on the 16th of August, does that mean it is affected by this new test case that is being held?

Stokey125

hoolatallulah wrote: »

I took the Halifax to court for bank charges, and the courts ruled in my favour. Halifax have not paid out and the courts are now asking me to pay to issue a warrant.

I have contacted Halifax and they have told me categorically that they are NOT going to pay out.
I thought a judgement set by the courts HAD to be paid?
What will happen once I issue a warrant? Will I have to enlist the help of a debt collector?

I am a bit thrown by this latest development, having researched the whole process of reclaiming my charges I read nothing about banks refusing to pay out and what to do when they do refuse.

Not sure if it's relevant but the Judgement was issued on the 16th of August, does that mean it is affected by this new test case that is being held?

With a warrant of execution bailiffs attached to the court will attend and seize goods to cover the sum of the judgment. In some cases the appearance of the bailiff has provoked an application to set aside the judgment or to stay the execution. I note that the Halifax does not appear to have appealed the judgment.

hoolatallulah

So, should I proceed with the warrant or not?

Stokey125

hoolatallulah wrote: »

So, should I proceed with the warrant or not?

Yes as it is likely to be the quickest way of you getting the judgment paid

jenna1984

Hi

I'm in the same boat.

Judgement was passed in my favour 2 days after the OFT announcement. However <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:City w:st=[/IMG]Halifax</ST1:p</st1:City> still won’t pay up. I sent in the Bailiffs’ which cost me another £55 (which I can’t afford) and the Bailiff who has been extremely rude and unhelpful has just told me that Halifax have now applied for a stay of execution, so even though I have won my case if the stay is granted they do not have to pay and the warrant will be put on hold until the test case it over!:mad:

I was told that there will be a hearing and if I wish to object to the stay I will need to seek legal advice (which I can’t afford) and prepare a case. I’m really confused and don’t know what to do. I don’t understand how they cannot pay if I have won the case. Halifax had their chance to enter a defence which they didn't and the judge also had the opportunity to put the case on hold. To top it all <ST1:p<st1:City w:st="on">Halifax </st1:City></ST1:pare now demanding that I pay my overdraft but until I receive my claim I am unable to do so. I’m rather annoyed that they can make demands and yet get out of paying me my claim even though judgement has been passed.<O:p</O:p
<O:p</O:p
Any advice would be most appreciated.:o <O:p</O:p

Palerie-head

I started a similar thread last week - I was given judgement on 25/7, so pre OFT announcement and yet HSBC refused to pay. They have now applied to have the case set aside for which I am waiting to hear what the judge has decided (accept the application for a stay and list it for a hearing) or accept my arguement for the application to be thrown out and let me issue a warrant for payment.

I should hear any day now, so I'll let you know.

Palerie-head

Interesting to see so many people having applications for judgements to be set aside - definitely the new bank tactic. Hopefully the courts won't put up with it.

Stokey125

jenna1984 wrote: »

Hi

I'm in the same boat.

Judgement was passed in my favour 2 days after the OFT announcement. However <st1:city w:st="[/IMG]Halifax</ST1<img" src="http://img.moneysavingexpert.com/smilies/tongue.gif&quot; border="0" alt="" title="Stick Out Tongue" smilieid="5" class="inlineimg"></st1:city> still won’t pay up. I sent in the Bailiffs’ which cost me another £55 (which I can’t afford) and the Bailiff who has been extremely rude and unhelpful has just told me that Halifax have now applied for a stay of execution, so even though I have won my case if the stay is granted they do not have to pay and the warrant will be put on hold until the test case it over!:mad:

I was told that there will be a hearing and if I wish to object to the stay I will need to seek legal advice (which I can’t afford) and prepare a case. I’m really confused and don’t know what to do. I don’t understand how they cannot pay if I have won the case. Halifax had their chance to enter a defence which they didn't and the judge also had the opportunity to put the case on hold. To top it all <st1>:p<st1:city w:st="on">Halifax </st1:city></st1>:pare now demanding that I pay my overdraft but until I receive my claim I am unable to do so. I’m rather annoyed that they can make demands and yet get out of paying me my claim even though judgement has been passed.<o>:p</o>:p
<o>:p</o>:p
Any advice would be most appreciated.:o <o>:p</o>:p

If the bank has not previously put in a defence and have had judgment in default entered against them then on any application for a stay of execution unless they at the same time apply for judgment to be set aside then you should object on the basis that as the judgment is still subsisiting you are entitled to enforce the judgment unless to do so would cause finacial hardship. You should point out that as they have not applied to have the judgment to be set aside it must be taken to mena that they do not believe they have grounds for such an application . It follows that as there are no special circumstances to suspend payment of the judgment .