Just Been To Court!!

beardface_2

dj9928 wrote: »

Someone posted this elswhere, Seems I'll be fine, what yous think?

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</TD><TD class=bg-icon-answer>I wouldn't get overly concerned.

It seems that the bank 'thought' you had settled at £800 before you went to court. But they did not inform the court of the 'settlement' before the hearing, nor did they ask for the hearing to be adjourned or dismissed.
So it had to go ahead unless adjourned by consent and with the agreement of the court.
You did the right thing in going to court unless you had in your hot and sweaty little hand, a signed piece of paper saying "we will pay you £800 by x date".
If there's nothing signed, there was no compromise of the claim.
So, Mr Bank can run off the the court all he likes but he'll get fairly short shrift from the Judge.
Either way, they owe you £800 - and as you now know, there's no costs in a small claims hearing.

Good on you - you've got nothing to worry about - so quit worrying - if they correspond or call you again, tell them to stop !!!!!ing, and send the cheque or you'll ask the court to begin enforcement proceedings.
Source(s):
I'm a lawyer. It's all bluff (by them).


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Sorry to disagree on part of your post bu it is up to the claimant to inform the court that this is settled and the case need not go on. A court would take no notice of a defendant saying the case is settled.

The "mistake" in this case was that dj9928 should have told the solicitors that they would contact the court when they had the offer in writing. On not having that document then they were right to go to court but they should have told the judge that they have been made and offer and could the matter be "adjourned generally with liberty to restore in xx days if case not settled" This would have taken it out of the judges hands in effect and they wouldn't have tried the case.

Just my opinion but any sensible judge would have done it that way. It is very unlikely that your judgment wil show you anything useful other than the amounts awarded. In small claims hearings it is very rare for judges to give their reasons.

frugalpam

dj9928 wrote: »

Someone posted this elswhere, Seems I'll be fine, what yous think?

<TABLE class=table-collection-of-items cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class=table-left>


</TD><TD class=bg-icon-answer>I wouldn't get overly concerned.

It seems that the bank 'thought' you had settled at £800 before you went to court. But they did not inform the court of the 'settlement' before the hearing, nor did they ask for the hearing to be adjourned or dismissed.
So it had to go ahead unless adjourned by consent and with the agreement of the court.
You did the right thing in going to court unless you had in your hot and sweaty little hand, a signed piece of paper saying "we will pay you £800 by x date".
If there's nothing signed, there was no compromise of the claim.
So, Mr Bank can run off the the court all he likes but he'll get fairly short shrift from the Judge.
Either way, they owe you £800 - and as you now know, there's no costs in a small claims hearing.

Good on you - you've got nothing to worry about - so quit worrying - if they correspond or call you again, tell them to stop !!!!!ing, and send the cheque or you'll ask the court to begin enforcement proceedings.
Source(s):
I'm a lawyer. It's all bluff (by them).


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Glad it should work out ok for you - but a very alarming post (#1) nevertheless. Are the banks and their solicitors becoming more cunning? I'm really wishing I'd gone down the FO route - 3 months on I'm still waiting for a Court date and wondering what I'll have to go through. My job is on the line (redundancies) right now, and this stress is crucifying me. I'll be taking the FO route with Halifax for sure.


Pam

dj9928

beardface wrote: »

Sorry to disagree on part of your post bu it is up to the claimant to inform the court that this is settled and the case need not go on. A court would take no notice of a defendant saying the case is settled.

The "mistake" in this case was that dj9928 should have told the solicitors that they would contact the court when they had the offer in writing. On not having that document then they were right to go to court but they should have told the judge that they have been made and offer and could the matter be "adjourned generally with liberty to restore in xx days if case not settled" This would have taken it out of the judges hands in effect and they wouldn't have tried the case.

Just my opinion but any sensible judge would have done it that way. It is very unlikely that your judgment wil show you anything useful other than the amounts awarded. In small claims hearings it is very rare for judges to give their reasons.

So am I still in the wrong? If so what is likely to happen? I mean I phoned the court Tuesday morning and said "Look this guy has made me an offer, I've nothing in writing etc should I cancel my claim" No he said, continue to court on Friday, but 90% of solicitors don't mess you about but continue to court anyway until you have something in writing. So you would have thought he would have said something about ajourning, I mean I know nothing about ajourning etc..

beardface_2

I think you would have been ok if you hadn't asked for judgment (or the judge decided to give judgment)

One of two things may/can happen.

1. The solicitors will accept it as it was for the same amount (depends what kind of retainer they are on from the bank but the bank are not going to be happy with the sols)

2. They will ask to have judgment set aside ultimately dragging the case on. They will have good grounds for succeding. You didn't do anything wrong but it's your word against theirs as to whether you said you were going to drop the case. Even if all parties agree that it was just a misunderstanding then a judge would have to set the judgment aside.

I would always give the advice that you never cancel a claim until either the money is in your account or you have a written offer. The big BUT is that you must make the other side perfectly clear on the fact that this is what you intend AND back this up with written documentation. fax it, e-mail and send it recorded delivery. Whats an extra pound or two.

dj9928

beardface wrote: »

I think you would have been ok if you hadn't asked for judgment (or the judge decided to give judgment)

One of two things may/can happen.

1. The solicitors will accept it as it was for the same amount (depends what kind of retainer they are on from the bank but the bank are not going to be happy with the sols)

2. They will ask to have judgment set aside ultimately dragging the case on. They will have good grounds for succeding. You didn't do anything wrong but it's your word against theirs as to whether you said you were going to drop the case. Even if all parties agree that it was just a misunderstanding then a judge would have to set the judgment aside.

I would always give the advice that you never cancel a claim until either the money is in your account or you have a written offer. The big BUT is that you must make the other side perfectly clear on the fact that this is what you intend AND back this up with written documentation. fax it, e-mail and send it recorded delivery. Whats an extra pound or two.

So in other words i've not knowingly made a pigs ear off it? There solicitor said today on the phone they will be doing number 2 above, Grrrr:mad: So I could still end up with £0 yet?

beardface_2

Possible outcomes.

1. Judgment set aside (jsa), case relisted for trial, they make you an offer just before the hearing.
2. Jsa but they offer to pay you the agreed amount anyway.
3. Judgment is not set aside because the judge thinks the solicitors are wasting everybodies time as they have no intention of going to court.


Actualy they are the only options I can think of. There is no way they are going to allow another case going to court and not turn up and there is no way they are going to turn up.

On he face of things it seems pointless them even asking for the judgment to be set aside but I asume they are protecting their position (making sure they get paid)

dj9928

Thanks for your help. I hope its not relisted again, if it is it will be the 3rd time believe it or not, 1st time the judge suspended all cases until he heard the outcome of some other case, now he's not paying out the full amounts.

marshalfish

beardface wrote: »

Sorry to disagree on part of your post bu it is up to the claimant to inform the court that this is settled and the case need not go on. A court would take no notice of a defendant saying the case is settled.

Sorry to be a bit dim, but if you were to accept an offer, obviously you would have to inform the court that no hearing was now to take place, but how do you inform them?

dj9928

marshalfish wrote: »

beardface wrote: »

Sorry to disagree on part of your post bu it is up to the claimant to inform the court that this is settled and the case need not go on. A court would take no notice of a defendant saying the case is settled.

Sorry to be a bit dim, but if you were to accept an offer, obviously you would have to inform the court that no hearing was now to take place, but how do you inform them?

Phone the court I suppose

dj9928

I've just got my decree. Its says the following it doesn't say how many days to wait before enforcing, so does that mean if I can get in now before they can get judgement set aside?