Help RE: Judgement by default..

Chimera · 24th July 2006, 21:17

Just need some advice.. have searched the site, but can't get what I'm looking for. MCOL was file don 7th July, deemed served on the 12th. and "The defendant has till the 26th Jully 2006 to reply"

no acknowledgement from the lovely Cahoot yet (though I suspect they may at the last minute!)

Is the 26th inclusive? can I file for judgement by default on eve of 25th or 26th?
What happens if you file for judgement by default? How do you get your money??

I'm getting a bit anxious now, and just want to be prepared for the 26th. Can anyone help please?

Chimera · 24th July 2006, 22:53

anyone?

comanche · 25th July 2006, 08:12

The deadline for compliance is 4.00pm on the specified date- in your case 26 July. With a real court you can seek judgment after this although as most court offices close at 4.00pm, in practice this means the next day. I'm not about the MCOL position although I think the software tells you when you can seek default judgment.

Alleycat · 25th July 2006, 08:30

From what I remember of my first claim, you will be able to file for a judgement by default the day after the 26th.

Karnevil · 25th July 2006, 08:39

00.01 on the 27th.....

if they acknowledge at the last minute you may get your default judgement returned (take a day or so to come back) - or if its accepted the bank may ask for a set aside.

Chimera · 25th July 2006, 21:58

set aside... I've heard about this.. but I don't really understand.. what does it mean? will it take me longer to get my money?

clayts · 26th July 2006, 01:46

To apply for a set aside means the bank ask the court to remove the default judgment from the record because of some spurious reason, usually the dog ate my homework or similar. If the judge feels their reason is adequate, they will then be permitted to file a defence. It won't be a hearing, I don't think ?

philb120 · 26th July 2006, 14:46

I have applied twice for judgements. The site would not let me apply and get the judgement until the time limit was up so just click the link and see what it says.

Chimera · 31st July 2006, 17:39

I got judgement by default issued to cahoot on 27th.. what do I do now?

Do I give them a chance to pay up?

dave · 31st July 2006, 17:50

You could send the ballifs in. Seriously, you can do this from the MCOL site - I think it costs about 50 quid - which, of course, you will get back.

Chimera · 31st July 2006, 18:04

I have looked at that on the website... Do you have to give them a certain timeframe... ???? anyone got experience of this?

Chimera · 31st July 2006, 19:50

Would really appreicate some guidance... should I send them an e-mail giving them a deadline?

cumbria123 · 31st July 2006, 19:57

I`m in this situation, 28 days up today, so I`ll wait untill tomorrow and see what happens.

I would think you should remind them that it`s gone to judgement by default, if trhey don`t then pay up then send in the bailiffs (and contact the local rag)

Chimera · 31st July 2006, 20:18

do you think something like this would be ok (thanks to Abby who suggested it!!)

Quote:

Dear Sir/Madam
I have recently won a judgement by default against Cahoot (claim number xxxxxx). If I do not hear from you by 1:00 pm tomorrow pm (1st August 2006) I will instruct the bailiffs to recover my money, meaning you will incur additional costs.

Yours faithfully

any additions welcomed

cumbria123 · 31st July 2006, 20:27

That sounds OK, are you going to email it....?

I wouldn`t bother about the additional costs bit, that`s the least of their worries, and I`m sure they know that anyway.

Chimera · 31st July 2006, 20:35

was going to e-mail it to them tonight... Gives them tonight and half a working day.. I think that is fair enough.. or should I change it to 10am, or give them a bit more time??

Gonna cost me £120 to send baliffs in.. and I would like to know I can get that back... if anyone can reassure me..

Rooster-UK · 31st July 2006, 21:39

Perhaps something along the lines of..........

Quote:

Dear Sir,
Reference: Chimera v Cahoot. Claim No: 123456789.

Please note that the court has awarded judgement against you on <DATE> in the sum of <£AMOUNT>. You are now required to make payment of this amount <by cheque / credit transfer> within seven days.

If you fail to comply, then I will have no alternative than to obtain a warrant of execution, which will be instituted without further reference to you.
Please note that any additional costs, including bailiff's fees will be added to the total sum to be paid.

Yours faithfully,

<NAME>

Oh, and by the way, congratulations.

Chimera · 31st July 2006, 22:04

nice one... sent that... I thought it best to give them 7 days.. at least I am being fair... that's what they would give me.. just hope they don't close my account on me now... or reduce my o/draft... not until they pay me the money anyhows... Then they can have their account back..

Rooster-UK · 31st July 2006, 22:25

Well, whichever way they cut it, until they repay the unlawful charges, your account is in dispute and therefore not really a lot they can do.

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