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I have just joined the site, having followed the moneysavingexpert sites advice until now. I have got to the stage of a defense being entered against me by Corbetts (claim against Nat West), and as I hadn't heard by the time the 28 days were up I went onto Moneyclaim online and applied for a judgement to be entered against them. 2 days later (yesterday) I received a bundle from Corbetts with the defense and request for further information from them (CPR part 18), dated 29th May - the last of their 28 days. Today I have received a Notice of Judgment Rejected from Northampton, and it quotes:
'Your request for judgement in this claim has been rejected for the following reason: A bar on judgment/enforcement is in place - contact CCBC'
Can anyone help and advise me please? I have no idea what CCBC is and cannot find out, and have no idea if this means that I have to give up, or can continue and fill in AV's etc as it seems, from reading this site, most people now go on an do.
I have just had exactly the same thing happen to me! I spoke to the helpline and sadly for you and me because the SCC was on 'holiday' Mon and Tue the first day back was Wednesday. I tried also to get judgementon line but no doubt had the same pop up message from MCOL. C'est la vie. Push on, it's worth it.
have just managed to get through on the helpline and have been told that CCBC stands for county court Bulk Centre which means it has now been passed onto my local County Court and as each court deals with the individually I have to wait to hear from them - they were very nice! The online moneyclaim site has crashed (too many people claiming!!), and they are having trouble managing all the contact etc - or so they told me! the reason for it accepting our notice and then rejecting it was because the documents crossed 'in the post'. She did say we should hear from the court by the end of next week and to sit tight until then. Guess we follow everyone else and send the letters to Corbetts etc unless anyone has other comments?
Thanks for that. The truth is that the Banks are bullies. I was told today that the fact they had lodged a defence meant it would cost me more!? Talk about blackmail. I intend to see them in court. They're wrong, we're right.
I have been reading up on all the forums and have now hit a snag I can't seem to follow anywhere else - I submitted my original claim to Nat West on 22 February, as per the moneysaving expert site - I followed all their steps and advice, and once my judgement was rejected found your site and have been following your advice.
I received the CPR part 18 request and replied as advised, and next thing I heard was from Guildford county court on 4 July saying
"Before his Honour Judge Reid QC sitting at Fuildford County Court, ....
Upon the Courts own motion. The Court has made this order of its own
initiative without a hearing. If you object to the order, you must make an
application to have it set aside, varied or stayed within 7 days of
receiving it."
The accompanying directions say it shoud be allocated to the small claims
track, etc and that the Defendand shall not later than 4pm on 16 July 2007 serve on the claimant and lodge at Court a document answering if a) is the case intended to be contested to and at trail? and b) does the Defendant intend to apply to adduce expert evidence?
etc
I have today (16.7.07) received a letter from Cobbetts, and their response is as follows:
"Paragraph 3 (a) of the Order requires the Defendant to lodge at Court a
document stating whether the case is intended to be contested to and at
Trial. We assume that this Order was not intended to require the Defendant to disclose any privileged aspects of its litigation strategy. What the Defendant is able to say in answer to the Court's question is that a Defence has been entered in this case because the Defendant's position is that the allegations advanced by the Claimant is wrong as a matter of fact and law. The Defendant either is engaged or will engage in without prejudice communications with the Claimant with a view to attempting to find a consensual solution to the claim. In the meantime the claim is fully defended.
As to paragraph 3(b) of the Order, the Defendant is not at this time making any application for permission to adduce expert evidence, and notes the terms of paragraph 6 of the order."
I am really in the dark as to what is now going on here and wondered if you could help - do I contact Cobbetts or just leave it for them to contact me?
Should I contact the Court?
i am not a legal person.for the record i am a medical person!!!they will defend.they will communicate with you.follow the court orders.yes, DO contact them + see if they want to negotiate.it is ok.please click my scales if this has been helpful.thank you.
if my response has been of help to you, please click on my scales. thank you
This is now the 3rd in 2 days of these orders coming out of Guildford, and I can tell you that the other 2 are now in the process of being awarded to claimant, so it very good news!
I strongly suspect that the key sentence in Cobbet's reply is this: "The Defendant either is engaged or will engage in without prejudice communications with the Claimant with a view to attempting to find a consensual solution to the claim."
I think they are refusing to answer the judge one way or another, but that you should be hearing soon with an offer of settlement. They don't want to admit that they won't go to court, as it will soon get round other judges' ears (and claimants'), but they can't lie to the judge either and say "yes, we are going to court"... So they do what solicitors do: skirt around the issue and not really answer the question.
Bearing in mind that if they don't follow through, the judge could easily decide to strike out their defence, I think you're on the home run.
Please let us know how it pans out. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
Im also at Guildford and although its a separate bank i am claiming against, it appears that we have directions that run in a similar vein.
there is a letter on my thread i am sending the court this morning to advise that their defence by struck out for failure to comply with direction 3 as the day for compliance was yesterday (feel free to also make use of it if you feel it would be useful). Although it appears they have filed their document with court.
good for you ukrow, my problem is that they did manage to get it to me in time, and so I guess to the court, so I just don't know what to do next - should I write to Cobbetts, or the court, or phone someone - any ideas - anyone??
I think bookie has given the best advice and leave it for now its only been 1 day, don't phone as this is probably going to be futile, you should see a payout soon.
"The Defendant either is engaged or will engage in without prejudice communications with the Claimant with a view to attempting to find a consensual solution to the claim."
Is this lawyerspeak for "we are going to pay up"
Steven
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Well, well well - was very rudely awoken at 7.30am this morning by the postman with a recorded delivery letter - and on a Saturday too!!! but given the circumstances I will let him off - Cobbetts sent a cheque (interestingly drawn on a RBS account not Natwest!) for the full amount, including interest and including my court fees. - So, Steven, yes I guess it is lawer speak for we are paying up! Thank you so much, everyone, for all your support - not sure what I am going to do with all the extra time I wil now have on my hands, as for the past 5 months every evening has been spent reading through posts on this site!
To all out there - stick with it!! There were times when I wondered if it was worth it, but thanks to everyones support it was and I am now one very happy ever so slightly yummy mummy!
Please don't forget to fill in the survey to encourage others, and if you can, remember the site survives on donations to keep on helping others getting their money too!
Apologies to people who I was in the process of helping, I may be gone some time.
Cobbetts new tricks **WON**
), dated 29th May - the last of their 28 days. Today I have received a Notice of Judgment Rejected from Northampton, and it quotes:
Reply With Quote
if my response has been of help to you, please click on my scales. thank you
Originally Posted by Bookworm
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