I won my court case prior to the latest stop, am I still entitled to my money?

Girl_And_The_City

Hi there, newbie alert!

Wonder if anyone can help me please?

I made a claim through the Money Claim website which started on the 6th July, I won Judgement by Default after that, I was actually on holiday at the time so the date that went through was the 31st July.

Am I still entitled to my bank charges because this had already gone through or will I have to wait for the test case?

I don't know whether to issue a warrant and pay £55 if it's going to be a waste of time

Thank you in advance of any help.

Palerie-head

Hi there

I'm in a similar situation, but mine got allocated to my local court and the bank (HSBC) didn't file their defence in time, so I was awarded judgement on 25/7 (2 days before OFT announcement). I thought that would be the end of it, but bank were supposed to pay up by 14th August, they didn't so I wrote to them and they have now applied to have the judgement set aside.

This means that I will (hopefully!) get a court date where I can argue my reasons for the judgement not to be set aside (it was awarded pre OFT announcement and the bank are relying on the OFT announcement as a basis for having the judgement set aside).

The court advised me to 'save the cash' on getting a warrant as the bailiffs would be sent home empty handed because banks were applying for judgements to be set aside and stays to be applied.

I'm guessing you might get the same.

I'm not sure if anyone has been successful in stopping a judgement being set aside yet, but I'm going to give it my best shot and would urge you to use this site and follow the great advice given in appealing against any stay/setting aside of the judgement that you might get.

Good luck!

Stokey125

Girl_And_The_City wrote: »

Hi there, newbie alert!

Wonder if anyone can help me please?

I made a claim through the Money Claim website which started on the 6th July, I won Judgement by Default after that, I was actually on holiday at the time so the date that went through was the 31st July.

Am I still entitled to my bank charges because this had already gone through or will I have to wait for the test case?

I don't know whether to issue a warrant and pay £55 if it's going to be a waste of time

Thank you in advance of any help.

Check with the court and see if any application to set aside the judgemnt has been made. If no application has been made tehn apply for a warrant of execution. On current form the bank will applying for the execution of the warrant to be set aside. I am not aware that any judgment has been set aside.

Girl_And_The_City

Thank you for your help. Sorry for the delay in getting back, only just got internet access. Thank you sooo much, will contact the courts today.