Won by default - how do i progress?

Incisor

m.colak wrote: »

... No judge in their right mind will let the case go back to court after such a lack of response by the guilty party. ...

It's a civil case, so there is no guilty party.

brightonman123

cant hurt to write to them saying you have now got judgement, and asking how they wish to pay.. cash now, or bailiffs later!

MrsMac_2

Hi,

Another newbie here.

I was just wondering if anyone had, had any joy with reclaiming PPI charges back from GE Capital? I have written 2 letters so far and their basic argument is that they acted properly, gave me the option of cancelling the PPI and because I have complained they have since cancelled the PPI for me.

Any advice would be most welcome.

Thanks
MrsMac

m.colak

Quentin wrote: »

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)

1)Right when you said summons as summons is a court order for someone to attend court and therefore is delivered by hand in most/if not all cases. A court case such as one raised against another on MCOL is not a summons (use the correct terminology).

2)I refused to use the term defendant if the person refuse's/doesn't defend the claim.

3)Special delivery means it can be tracked an in the worst case it gets returned to the court and they identify that the case has yet to be served. Hence the delay on MCOL when filing a case and the date it appears as been served. Yes the person can file for a judgement by default after 14 days however as i stated above the person whom is being claimed against has 28 days.

m.colak

Incisor wrote: »

It's a civil case, so there is no guilty party.

Ok so i guessed they said that to highwaymen when they robbed you blind too.

Quentin

It says this at the top of every page:

Remember, this is an open forum! Anyone can post so always exercise caution when acting on info.

m.colak

Quentin wrote: »

It says this at the top of every page:

quentin i respect that you may know a bit and from the number of thanks and posts you have been an active member. I said at the top of this thread what my opinion was and have had people try and correct me on something i have been in the process of doing over several months now. I regularly post on the PPI reclaim board and assist as many as i can to reclaim not only PPI but also on Unfair Rebates relating to their loans. I have done the MCOL court process about 6 times now each one different and have learnt something new each time. Yes my reasons for sending in the Bailiffs are personnal but i did have great satisfaction when doing this for the amount of frustration and stress the company put me through. The point of the matter is at least the OP is now aware of the situation so lets not fall out over technicallities. I hope they get their money back and the company never files a defense.

Incisor

m.colak wrote: »

Ok so i guessed they said that to highwaymen when they robbed you blind too.

No, the highwayman would be dealt with in a criminal court, so you could rightly use the word guilty.