Sending In The Bailiffs/warrant (merged)

basser_2

hello again....if your bank refuses to pay up contact these guys http://www.elliottdavies.com/

they come highly recomended by the consumer action group,it costs about £20 more than using the money claim online baliffs, but these "enforcement officers" scare the sh** out of the banks:money:

crbjraymond

Hi all, I have just Issued a warrant to Abbey National as they did not defend claim. Abbey Acknowledged claim on the 26/07/07, But did not defend so Issued Judgment on the 22/08/07. Seven days given still nothing even called them but given runaround. So now Warrant Issued on the 29/08/07.
What's next ? Can I do anything more ?
Please can anybody HELP.

Any help/advice will be appreciated

Thanks.

Stokey125

crbjraymond wrote: »

Hi all, I have just Issued a warrant to Abbey National as they did not defend claim. Abbey Acknowledged claim on the 26/07/07, But did not defend so Issued Judgment on the 22/08/07. Seven days given still nothing even called them but given runaround. So now Warrant Issued on the 29/08/07.
What's next ? Can I do anything more ?
Please can anybody HELP.

Any help/advice will be appreciated

Thanks.

It is now for the county court baliffs to execute the warrant although it is likely that once the bailiff informs them that he has the warrant and will execute it they will apply too have the execution of the warrant stayed. Thery would also possibly apply to have the judgment set aside.

MOONLIGHTVELLA

Hi Can Anyone Tell Me How Long You Have To Wait To Get Your Money Back When You Have Sent The Baliffs In On The 17th August As I Am Still Waiting Very Patient Can You Please P.m Me Thanks All

monkey30

Hi ,

I have gone through the whole process of reclaiming my bank charges form initial letter through to mcol , there was an acknoledgment of my claim from wragg & co but no defence was entered , and judgement was made in my favour on the 14/8 and a warrant was issued on the 24/8 as i was getting no response from wragg & co , the warrant was passed onto liverpool county court. I have contacted the person dealing with my warrant today as she has been on leave until now , who informs me that the A&L have a special dept which deals with these cases , and informed me that they usually just send a cheque out in these circumstances and that i will just have to wait to see if i recieve it , and that there is nothing more i can do , however she is planning on ringing the person in charge of the dept in the next week or so and i should hear from the court in due course and not to bother ringing back !

If anyone can confirm that this is the norm or have any advice i would be very gratefull :money: :money:

Stokey125

monkey30 wrote: »

Hi ,

I have gone through the whole process of reclaiming my bank charges form initial letter through to mcol , there was an acknoledgment of my claim from wragg & co but no defence was entered , and judgement was made in my favour on the 14/8 and a warrant was issued on the 24/8 as i was getting no response from wragg & co , the warrant was passed onto liverpool county court. I have contacted the person dealing with my warrant today as she has been on leave until now , who informs me that the A&L have a special dept which deals with these cases , and informed me that they usually just send a cheque out in these circumstances and that i will just have to wait to see if i recieve it , and that there is nothing more i can do , however she is planning on ringing the person in charge of the dept in the next week or so and i should hear from the court in due course and not to bother ringing back !

If anyone can confirm that this is the norm or have any advice i would be very gratefull :money: :money:

With respect I would lodge a complaaint with the court manager. A warrant of execution is if I recall a order from the court to the bailifff to recover a sum due on a judgment of the court. Unless the court orders otherwise they are supposed to execute it not leave it to see if the defendant sends a cheque.

monkey30

Thanks for the speedy response , i think i would rather give the bailiff the benefit of the doubt and ring back , but unsure as what to say , any suggestions

crbjraymond

My Warrant was Issued on the 29/08/07 and Executed the 12/09/07 :T :rotfl: . Abbey did nothing to prevent this, so the bailiff went in today. What happens now. Can Abbey still Apply for a set-aside ?. Aren't they too late for this, or will they be given another chance :mad: .
Will call the bailiff tomorrow to find out.

Any advice welcome.

crazy-dude

Well...<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
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If you have applied for a "Warrant of Execution" and this has been granted by the Courts/District judge... Then this is issued to the Bailiffs of that county court. <o:p></o:p>
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I know of none that have or can be over turned... Only by the “High Court” It's never been done!<o:p></o:p>
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It is rare for the Banks to hold out... As this effects there credit ratting. The bank will pay this as it is like having a debt. <o:p></o:p>
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Normally the banks Solicitors will ring you... They will have seen the paper work and a break down of all the charges.<o:p></o:p>
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In my case when I won through money claim online, I had decided to claim all charges and though it was a risk I went back more than six years!!! However, I did this as matter of principal... It's not for everyone. They could have disputed but didn't respond... When they did it was too late as I had a Warrant of Execution... They even paid more to have me call the bailiffs to stop this action. This extra payment covered interest up to the point when they paid.<o:p></o:p>
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It's more than likely that you've not been taken seriously by bank staff who do not understand the LAW or its POWER, when using the Small Claims procedures... <o:p></o:p>
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The money is on its way!<o:p></o:p>

crbjraymond

Hi all just had letter from Court Manager,

Reads -

To the claimant
The bailiff has levied on goods belonging to the debtor. The bailiff will remove and sell the goods if the debtor does not pay. If the proceeds of sale do not cover the costs of removal and sale you are liable for the shortfall. The goods levied on are :


**** - Interim Return on a Warrant of EXECUTION.


But also on the same day a Notice of transfer of proceeding to another county court.
An application to set aside judgment have been filed.

What happens now.

Any advice welcome.