Judgement by default? Possible?

daveob

If my bank (NatWest) don't register their intention to defend my case and I apply for judgement by default (as i've just done), will my case be affected by the stay?

Cheers, Dave.

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Evil Bank: NatWest
Claim: £394 plus £80 in interest

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BAILIFFCHASER

No it will not but give them a extra 2-3 days and then go for the judgement. As they have not replied the most they can do is ask for the judgement to be set aside but bearing in mind its less than £500 and it will cost them £30 to file a application. I suggest that once you get the judgement notification you immediately go for a warrant of execution. If your amount owed was £601.00 Then you could have asked a high court enforcement officer to collect for a nominal £50 fee.

Jonni2bad

In all likelihood the bank will apply for set-aside and a stay based on the OFT case, but you might be lucky.

If they do this, then use the templated response to the request for stay (available on most sites). You will effectively be at the 'mercy' of the judge who gets the paperwork, and some will be in favour of you, others won't.

Best of luck

daveob

Cheers guys,
Judgement by default has been accepted and issued today. :T :T

I've requested payment imediately and I'll happily send the bailiffs in as soon as possible, however how long do NatWest now have to pay up?

Is there any issues if i recieve payment direct from NatWest after starting the warrant process, such as not recovering the bailiffs fees?

Cheers, Dave.

Palerie-head

Nice one - congrats!

BAILIFFCHASER

If the amount if over £601 then instruct a high court enforcement officer.

daveob

BAILIFFCHASER wrote: »

If the amount if over £601 then instruct a high court enforcement officer.

No, its less.
Total is £533.17 (including original charges, interest and court fees).

Palerie-head

From what I can gather, HSBC are asking for judgements (that they haven't paid out on - that are either pre or post 27/7) to be set aside and the case stayed.

Not sure if other banks will follow suit but I guess the ones in the 27/7 announcement club will be agreeing tactics and probably all do the same.

Get the bailiffs on the case asap!

daveob

I've had a word with the bailiffs at the courts. They've told me that:

a) NatWest have 14 days to pay before the Judgement can be enforced
b) As soon as i issue a warrant NatWest are liable for the fees
c) NatWest can make an application to set aside the Judgment at any time and in this case a Judge will normally give directions on costs and court fees (and i guess this includes the fee for bailiffs).

So i guess I'll give them the 14 days (ish)

And in the mean time send them a letter warning them that if I am not recompensed immediately and in full, as ordered by the court, a warrant will be issued enabling bailiffs to enforce the payment.

Lets see what my local branch makes of that!

Palerie-head

daveob wrote: »

I've had a word with the bailiffs at the courts. They've told me that:

a) NatWest have 14 days to pay before the Judgement can be enforced
b) As soon as i issue a warrant NatWest are liable for the fees
c) NatWest can make an application to set aside the Judgment at any time and in this case a Judge will normally give directions on costs and court fees (and i guess this includes the fee for bailiffs).

So i guess I'll give them the 14 days (ish)

And in the mean time send them a letter warning them that if I am not recompensed immediately and in full, as ordered by the court, a warrant will be issued enabling bailiffs to enforce the payment.

Lets see what my local branch makes of that!

Speaking from experience I wouldn't send the letter to the bank about your judgement - that is how mine got noticed! They would still be oblivious now and I could have gotten the bailiffs onto them.

Your decision of course, but it backfired for me. I'd just bide your time and hit them with the bailiffs and it will hopefully come as a big bad shock!

daveob

You might well be right. I've not yet committed to sending the letter cos i was mulling over that very point.

However, the first thing the bailiffs do is send them a letter and wait 14 days. So having added a £55 bailiff fee to the stakes, and let the bailiffs reminding them of my case instead, i may well be appealing against an application to set aside anyway.

I guess it just depends whether i think they're more or less likely to just give up with the bailiffs involved.

If they think they're eventually going to lose my case, this year or in 2 years time, I would guess they'd be more likely to give in with the threat of bailiffs rather than having incurred the cost already. Saving 55 quid now surely has more value than just delaying the payment of ~£580 for 2 years.

If they think they're going to win, I guess they'd pursue it whatever. Or they may not even be assessing cases individually like that.

What did the letter you sent to your bank say? And how is your appeal against their application to set aside going?