Sending In The Bailiffs/warrant (merged)

Palerie-head

HSBC didn't enter a defence so I got judgement on 25/7 - they were ordered to pay within 14 days.

They didn't pay, I wrote to them, they quoted the OFT announcement and said they weren't paying. I argues that my claim started in February and judgement was given 2 days before the OFT ruling.

They've now applied for a hearing at my local county court to get the judgement set aside.

I'm keeping everything crossed that they won't be successful. It's the 22nd October and I'll update on here as soon as I get back.

Good luck with getting your money.

forbesglenn

Seems to be the Halifax way at the moment, Glad to see I'm not alone, hope all goes well with your case will keep you posted as to my bailiff outcome on the 8th Oct.

Good luck

vickyb

hi everyone ive just sent the request to send the bailiffs in to lloyds tsb,has anyone had any luck with this not sure what to expect now hope it goes well though!! and it sounds so official now and scary :eek: :eek: :eek:
vicky

vickyb

hi everyone sent the warrant to lloyds what can i expect now will i receive confirmation?
many thanks
vicky

techspec

Baliffs seem to be scared of the banks, as i have been waiting 2 months for them to approach barclaycard.

However, if you used the Charlton Place address for Lloyds TSB, then you are in luck. Basingstoke court baliffs seem to enjoy the thrill of taking on the banks. They marked FOUR company cars for removal when Lloyds TSB owed me just £1500. Lloyds paid the same day.

Expect a delay of 2 - 4 weeks, but you should get your money.

vickyb

thanks techspec yes charlton place was the address i used to send all my correspondance to and received all correspondance from lloyds so fingers crossed ill get my money back
oh and for some reason mine is the northampton county court even though i live in newcastle upon tyne do you think this will make much difference?
thanks again
vicky

techspec

No, all MCOL claims are handled in Northampton. It will be basingstoke baliffs who collect the money.

If it is for bank charges, and not credit card charges, they may apply for the judgement to be overturned, however.

rapido

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andymc

Hi, I won Judgement by default with Barclays 2 days before the OFT announcement and gave them 7 days to pay on MYCOL. They still didn't pay quoting the OFT announcement as their reason, so I applied for a warrant of execution (bailiffs) on MYCOL on the 2nd Aug 07. Then on 13th Aug a Judge in Manchester Stayed my warrant, quoting the test case. I appealed against the stay on 19th August. Then on 21st I won my appeal to have the stay lifted, and recieved a cheque from the Bailiffs about 4 weeks later. Just keep on playing this game of chess, you have to play the game, but it is annoying when even the Judges are not following the law.

Palerie-head

forbesglenn wrote: »

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

Hi Glenn

My case is very similar up until the instructing the bailiffs bit - I'm hoping to get there soon! I was given judgement on 25/7 as HSBC hadn't submitted their defence. They should have paid up by mid August, didnt, I threatened bailiffs and then got a bundle of stuff from their solicitor to advise that they were going to have the judgement set aside because of the test case. The hearing for this is Monday, and hopefully it will go in my favour and I can send the bailiffs to collect the money!

ph