Sending In The Bailiffs/warrant (merged)

Stokey125

crbjraymond wrote: »

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.

This amounts to a first I think a bank applying to set aside judgement after it has been executed. Have you recieved a copy of the application to set aside?

crbjraymond

Hi, Stokey125 yes I have recieved a copy of the application to set aside. But the date they sent it was after the Warrant was Executed. Are they too late?

knowhow_3

I won my case against Barclays using MCOL and got judgement the day after the OFT and FST advised that a test case would proceed. I set payment for 14 days and by the 15th day I had not received any correspondence from Barclays. I decided to call in the Bailiffs and the warrant was issued within 7 days. It was then handled through Northwich Courts and the warrant was served 8 days later. They advised that they held the money for 14 days for the cheque to clear and this was dated the 24th August.
However my beef is now with the court process that to date still has not forwarded me the money and have been advised that they only send out monies on Wednesdays and it may be forwarded next week the 19th September. Since when does it take a cheque 26 days to clear !!! That means that they are earning interest at my expense. !! I wish to make a complaint so can someone advise who I should complain to.

Stokey125

knowhow wrote: »

I won my case against Barclays using MCOL and got judgement the day after the OFT and FST advised that a test case would proceed. I set payment for 14 days and by the 15th day I had not received any correspondence from Barclays. I decided to call in the Bailiffs and the warrant was issued within 7 days. It was then handled through Northwich Courts and the warrant was served 8 days later. They advised that they held the money for 14 days for the cheque to clear and this was dated the 24th August.
However my beef is now with the court process that to date still has not forwarded me the money and have been advised that they only send out monies on Wednesdays and it may be forwarded next week the 19th September. Since when does it take a cheque 26 days to clear !!! That means that they are earning interest at my expense. !! I wish to make a complaint so can someone advise who I should complain to.

In the first instance you should complain to the court manager

Stokey125

crbjraymond wrote: »

Hi, Stokey125 yes I have recieved a copy of the application to set aside. But the date they sent it was after the Warrant was Executed. Are they too late?

As I have never heard of anyone trying to set aside a warrant after it has been executed I am not sure. The bailiff may decide to hold onto the money realised until after the application has been heard.

BAILIFFCHASER

Why did you pass the warrant over to the county court bailiffs. i assume the amount was over £601. ? If so this should have been passed to the high court enforcement officers.

Kneelie

Hi all,
I despearely need some advice please. I have successfully taken LLoyds TSB to court for their unfair charges, and after they didn't enter a defence, a judgement was made in my favour. I therefore instructed the bailiffs to carry out a warrant to retrieve my money (13/08/07) and after waiting yet another month, I have started to chase up this warrant and the bailiffs.

I have just recieved some startling news. Afetr speaking to my bailiffs, I have discovered that they are powerless to act. As all the furniture in the branches are leased their are no goods to seize and so there is no more the bailffs can do. Can anyone please advise me on what is the next step? I cannot believe that the banks can simply ignore a warrant simply by not having their own furniture! If this is the case then people also need advising not to start this process as they will be unable to get any money back and will be out of pocket after starting the case, paying for the court action and bailiffs, only to find out that the banks have got us again!!

Any help or advise would be very gratefully received.

Regards,

Neil

Stokey125

Kneelie wrote: »

Hi all,
I despearely need some advice please. I have successfully taken LLoyds TSB to court for their unfair charges, and after they didn't enter a defence, a judgement was made in my favour. I therefore instructed the bailiffs to carry out a warrant to retrieve my money (13/08/07) and after waiting yet another month, I have started to chase up this warrant and the bailiffs.

I have just recieved some startling news. Afetr speaking to my bailiffs, I have discovered that they are powerless to act. As all the furniture in the branches are leased their are no goods to seize and so there is no more the bailffs can do. Can anyone please advise me on what is the next step? I cannot believe that the banks can simply ignore a warrant simply by not having their own furniture! If this is the case then people also need advising not to start this process as they will be unable to get any money back and will be out of pocket after starting the case, paying for the court action and bailiffs, only to find out that the banks have got us again!!

Any help or advise would be very gratefully received.

Regards,

Neil

Well in that case apply for a charging order against LloydsTSB and have the charging order levied against the registered office. Before doing this you will have to check that the registered office is actually owned by LloydsTSB. You can do this quite easily by searching the address at the Land Registry. I cannot recall how much the cost of the office copy is but it is not that
expensive make sure that you get an official office copy though as you will need it for your application.

Kneelie

Thank you so much!! Have just registered with the Land Regsitry office website and it costs £20 to doa search, so thank you very much.

Will feedback to the forum how I get on.

Cheers

Neil

forbesglenn

Hello

Just thought I would ask a couple of questions and give my story so far to see if anyone has any advice or similar story.

Halifax Bank, I made a claim for £4513.00, was given ie transferred into my account from the bank £2370.50. I informed Halifax customer services manager that I was not happy with their offer and would be taking them to small claims court. This they informed me was my choice. however when I asked them to remove the £2370.50 they told me not to worry about it and any futher payments to be made by themselves would take into account the first payment and adjust future payments accordingly.

So on the 9th july 07 I instigated my claim for the full ammount plus court fees waivering any interrest earned. Within the 14 day period Halifax Bank informed the court that they would be defending the case. Therefore, the courts allowed another 28 days for them to prepare a case. In the mean time and without warning the OFT informed us of the trial case. A few days later Halifax letter arrived letting me know of the trial case and that they would not be dealing with any cases until after the trial case and that they would be asking the courts to hold all cases. Thinking everything was lost I contacted online claim customer services on the 28 day deadline date, they informed me that the Halifax had not contacted the court in any way and that if no correspondance was recieved by midnight that day I could claim a judgement in my favour by default.

So low and behold the courts ruled in my favour, however, when I contacted Halifax and informed them of the ruling and that I would like my money they informed me that Myself and the county court were wrong and they would be asking for a default in judgement and an order to stay on action until after the OFT case. The court informed me that a judgement had been made and that I was in the right and they were definately not wrong so on the 17th sept 07 I instructed the Bailiff of Halifax County Court to apply for the remaining money owed, and I'm now waiting for another 14 days (8th oct 07). hope there are other people out there in the same boat with similar stories and advice

Cheers

Glenn