Won by default - how do i progress?

clarab_3

Hi folks,

Yesterday I won a claim against egg with MCOL by default - an unacknowledged claim. I understand they will be sent a copy of the judgement, but do I really just sit and wait? Seems a bit of an anticlimax almost!

m.colak

clarab wrote: »

Hi folks,

Yesterday I won a claim against egg with MCOL by default - an unacknowledged claim. I understand they will be sent a copy of the judgement, but do I really just sit and wait? Seems a bit of an anticlimax almost!

Congratulations clarab next thing to do is get a court issued warrant to recover the monies (will cost a little more money but you will get it back). Ps if they filed a defense on MCOL but didn't actually defend the case they still can get the judgement put aside and take the case back to court.

clarab_3

m.colak wrote: »

Congratulations clarab next thing to do is get a court issued warrant to recover the monies (will cost a little more money but you will get it back). Ps if they filed a defense on MCOL but didn't actually defend the case they still can get the judgement put aside and take the case back to court.

Thanks! nope - no defence, so hopefully no way out for them!

Do I give them a few days to cough up before sending in the heavies? This is so good - its going to pay off my other credit card, so I can get in about them with a claim too!

m.colak

clarab wrote: »

Thanks! nope - no defence, so hopefully no way out for them!

Do I give them a few days to cough up before sending in the heavies? This is so good - its going to pay off my other credit card, so I can get in about them with a claim too!

Nope they won't pay unless they are forced too else they can sit indefinently there. Plus you have the satisfaction of the Baliff's been sent to their head office.

clarab_3

m.colak wrote: »

Nope they won't pay unless they are forced too else they can sit indefinently there. Plus you have the satisfaction of the Baliff's been sent to their head office.

Mwaaaaaahahaha! It goes against every bone in my body to set Bailiffs on anyone, but in this case, I'll happily make an exception

Quentin

Don't want to pour water on the parade, but it might be worth giving them a little time to either pay you or appeal - as defendants do have the right of appeal.

Your judgement should give them instructions on when to pay you. It is no good (and a waste of money) applying for a warrant (to get the bailiff involved) if they were given (say) a month to pay you.

Quentin

m.colak wrote: »

Nope they won't pay unless they are forced too else they can sit indefinently there. Plus you have the satisfaction of the Baliff's been sent to their head office.

Not all Defendants take that attitude - they will be getting a court order to pay, and ignore it at their peril!

Being a Bank, they will not want a CCJ on their record.

If they pay up within 28 days of the judgement, then the CCJ does not get recorded on the register.

m.colak

Quentin wrote: »

Don't want to pour water on the parade, but it might be worth giving them a little time to either pay you or appeal - as defendants do have the right of appeal.

Your judgement should give them instructions on when to pay you. It is no good (and a waste of money) applying for a warrant (to get the bailiff involved) if they were given (say) a month to pay you.

That is only if they file a defense. If they didn't file a defense then they are accepting responsibility by default hence Judgement by Default. The warrant is just a hastener and will ensure you get payment prompty rather than wait a significant time plus you recoup the cost of the warrant (No loss). Last point to make is they wouldn't hestitate to do it to you (Send baliff's or get a collection agency involved) so why not!!!!!

Quentin

No - any Defendant has the right of appeal. (Irrespective of whether or not they entered a defence). (eg They may not have received the summons - thay are just sent via normal post)

And if you ask for a warrant when the judgement has given them time to pay, the request for the warrant will be refused.

m.colak

Quentin wrote: »

No - any Defendant has the right of appeal. (Irrespective of whether or not they entered a defence). (eg They may not have received the summons - thay are just sent via normal post)

And if you ask for a warrant when the judgement has given them time to pay, the request for the warrant will be refused.

Funny that i got a judgement and served a warrant and it worked just fine. If you check out Martins reclaim guide it says to do the same. I would recommend re reading it. Yes a defendant has a right to appeal however having just had a court hearing relating to a judgement at that said hearing the excuse i didn't see the paperwork isn't valid unless they can catagorically state they never received the paperwork as the address was wrong, in which case you won't be able to claim a penny either way.

As well as that it judged on a time limit and 3 weeks is the maximum acceptable normal however they are given 28 days for good measure, hence a judgement by default. No judge in their right mind will let the case go back to court after such a lack of response by the guilty party. They might have a hearing in which they will award costs for the claimants time and patience.

I'm sorry but a defendant is just that someone whom defends a case not someone whom does nothing. Also a summons has to be delivered by hand for that very reasonie it could have got lost in the post. Im sure that a court case is delivered special delivery anyway so as to record that the documentation has been received.

Quentin

I suggest you read the thread again:

1) There has been no hearing in this case

2) It was a MCOL - the summons is sent via normal mail.

3) The judgement is the order to pay - it will say on it when payment must be made by. (EG "immediately", by a certain date, or even by instalments).

4) In a MCOL you can apply for judgement by default after 14 days from issue of the summons

You are quite wrong to say:

1) the summons is issued by hand - (if issued by the court it is just posted)

2) a defendant is just that someone whom defends a case - the defendant is the person/organisation that the claimant is claiming from (whether or not they enter a defence)

3) Court documents are delivered by special delivery (as stated they use ordinary mail for MCOL)