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mira

Hi,


Just to update you guys on the claims for my 2 sisters who have requested a warrant 2 weeks ago:

Sister 1: TMO lied recently to the Bailiffs claiming they have sent a cheque to my sis last week which they didn't send. So when I instructed the Bailiff that they haven't sent it and that they seem not to be honest about it, she visited them the other day and got the cheque from them. It is now with the court waiting for it to be cleared.

Sister 2: The warrant has been applied for 2 weeks ago, but TMO have now decided to struck out the Judgement. So the only option will be a hearing as the Bailiff suggested and she said it will take approximately another 8 weeks. :mad:

What annoys me really is they are pretending they haven't received the paperwork for the judgement and therefore used this excuse to struck out the Judgement. I thought that if the court deals with dishonest companys in a different way then they can't pretend they haven't received it. By this I mean I wish the court had sent the paperwork to them using Recorded Delivery which I know they don't use. Now the whole thing is delayed for another 8 weeks just because they claim they haven't received it. (I know there is no proof that they have received it, but there is a high chance that they have)

Recorded delivery should be used from now on i think. But how likely will the court accept that?

coolio_2

I hope they don't use this on me. I'm thinking one way around this is to send it email and a copy by post ourselves? But can we then get their struck out claim struck out?

mira

Have no idea.

I hope there is a way.

fatboyonadiet

What's the exact procedure for the claim? And if they don't pay and I have to use bailiffs how much does it cost me?

mira

fatboyonadiet wrote: »

What's the exact procedure for the claim? And if they don't pay and I have to use bailiffs how much does it cost me?

for making a claim online: if the total amount owed is up to £300 you will need to pay £25. if it is up to £500 you will need to pay £35, and if between £500 and 1000 you will need to pay £60.

Applying for a warrant - would cost you £55 where the sum to be recovered is more than £125 (if less you will pay £35). This is when the bailiff should get your money.

here's all the court fees:

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm#section1

fatboyonadiet

Cheers, the amount owed is £288, so it'd in theory cost me £80 to recover it? Does the court not award me the costs if the company is in the wrong?

Has anyone done any helpful posts on the exact procedure?!

coolio_2

You need to pay fees if a hearing happens too

mira

If you want to make a claim from scratch with the court, you will first need to send an LBA to TMO.

page 1 post number 7 on this thread gives you all the steps you need to take.

XXXX

TheGame7 wrote: »

Ye of little faith.. the cheque arrived in the post today!

Still no sign of mine.

How come 99% of us here are not as lucky as you are? :rolleyes:

coolio_2

:mad: Just called to make sure they have sent my cheque as they have until friday for me to get it. They claim that they cannot process any payments for 25 days due to system restraints. I asked if system restraints extended to peoples arms. Flamin useless