Judgement by default? Possible?

Palerie-head

I started a thread http://forums.moneysavingexpert.com/showthread.html?t=533888

I've posted some of the massive pack of stuff I got from the solicitors on there and also a draft of the letter that I sent to the court, the bank, their solicitors and the FOS.

I haven't heard anything yet, I spoke to the court when the solicitors pack arrived and they said that it would be listed and I would get a letter and I could attend if I wanted to. They haven't responded to my letter to them, but I'm pretty pleased with it and I think I argue a good case (with help from stokey!).

I've kind of resigned myself to not having any resolution to this until after the test case (which the bank is at pains to point out means after any appeals) and that could be years, but in the meantime I'm going to create as much work for the bank as possible by writing to them and complaining about them to the FOS.

daveob

Did you threaten bailiffs before the application to set aside came through?

Palerie-head

I did...I wrote to them and the bank and said I was applying for a warrant (to try and get them to pay).

There has been an interesting turn of events today though...I got home from work to find a letter from the court to say that the bank hadn't applied for the judgement to be set aside (which is odd because I have a copy of the form!!) So I think they are waiting for the warrant to be issued (more expense from me) and then they'll apply to have that set aside.

I'm going to issue a warrant on Tuesday.

daveob

Anybody got a default judgement? JUST SIT ON IT!

I did and now i have a big fat cheque in my hand! :beer:

Having got the default judgement i was a bit unsure what to do? Send in the bailiffs straight away? Threaten bailiffs? Nothing?

In the end, based on the assumption that they would apply to have my judgement set aside, and by looking at what my likely defence against the application would be, I did NOTHING.

One of the list of things for the judge to consider in an aplication to set aside is the timely filing of the application. This is also the most clear cut element of any argument i could have put forward. So I waited, with a letter threatening bailiffs ready to hand - until to my surprise a cheque came through the post, 2 weeks after my judgement!

Now my case never got as far as an application to set aside, so i've no idea if this augument would have had any effect. However I'd like to think that the bank knew it had no chance and just sent me a cheque instead!

(looking at my account i'm definitely not a highly valued customer! )

Stokey125

daveob wrote: »

Anybody got a default judgement? JUST SIT ON IT!

I did and now i have a big fat cheque in my hand! :beer:

Having got the default judgement i was a bit unsure what to do? Send in the bailiffs straight away? Threaten bailiffs? Nothing?

In the end, based on the assumption that they would apply to have my judgement set aside, and by looking at what my likely defence against the application would be, I did NOTHING.

One of the list of things for the judge to consider in an aplication to set aside is the timely filing of the application. This is also the most clear cut element of any argument i could have put forward. So I waited, with a letter threatening bailiffs ready to hand - until to my surprise a cheque came through the post, 2 weeks after my judgement!

Now my case never got as far as an application to set aside, so i've no idea if this augument would have had any effect. However I'd like to think that the bank knew it had no chance and just sent me a cheque instead!

(looking at my account i'm definitely not a highly valued customer! )

Just noticed that your bank was Nat West I am not sure but I am aware that a number of people had applications to set aside judgments by Natwest I am not sure if there decision to pay you was based on there sucess rate in getting judgments set aside. There reason was not the most convincing I have heard

Dan_Bailey

I'm currently in exactly the same situation - my judgement by default against Nationwide was passed last wednesday. As yet I have heard nothing from the bank and am planning on giving them another 7 days before I proceed any further. If they do apply for the judgement to be set aside I will probably try to appeal along the same lines as above, that they should be sticking to the time scales set down by the court.

Fingers crossed though I might just get a nice cheque instead - I'll keep yous posted....

daveob

Dan_Bailey wrote: »

Fingers crossed though I might just get a nice cheque instead - I'll keep yous posted....

Good luck, hope it all goes well!

Dan_Bailey

Yet another twist in the tale...

I phoned Northampton Courts today to see if there had been any response from the bank. Apparently a note had been received this morning saying that Nationwide HAD entered a defence in due course, via electronic means, but the message had not been received by the Courts to act on!! I take it this means a failed fax message or something along the lines had failed to get through, and apparently they are getting some documentation to prove this next week. It will be very interesting to see if the court accept this!

Has this happened to anyone else?? Please advise...

daveob

Unlucky :doh: . Unfortunately I expect the defence will stand.

I saw a post somewhere saying Northampton was supposed to be dealing with things case by case. Although I saw this the other day:

http://www.hmcourts-service.gov.uk/cms/bulkcentre.htm

So you may be stuck till the test case ends. Maybe you could see if you could push the case through under hardship grounds?