Double Bailiff Day v RBoS

**cowlie** · 14th June 2006 09:10

Myself and Matilda153 are at exactly the same point as each other in that we have both had judgement issued via Moneyclaim against RBoS on the 8th June and now have the option to issue a warrant. I've seen advice that says issue the warrant after 7 days after the issue date - but I can see no reason to stop me issuing right now. Which is what I'll do in a couple of hours unless someone can advise why I shouldn't?

Will let you know of any progress.

Similar Threads:

**pac1208** · 14th June 2006 12:22

Hi,

According to the Moneyclaim online user guide:

"Where you have requested judgment by default with immediate payment, you can request a warrant of execution icon

once the status on MCOL shows that judgment has been entered."

http://www.hmcourts-service.gov.uk/o...nt/warrant.htm

Hope this helps,

**cowlie** · 14th June 2006 12:34

Thanks - I have read that - and I've also found this advice from Bankfodder - 'Don't contact the bank. And after about seven days ask for a warrant of execution icon

and then contact the bailiffs icon

involved and ask them what they are proposing'.

I will follow this advice which means I'll issue a warrant of execution on Thursday. Though I am unsure what to expect, or how to act upon learning the bailiffs icon

proposal. Hopefully all will become clear when I ask them.

Anyone been to this stage before who can advise?

**Movingon** · 14th June 2006 12:41

I haven't been there, but I think that you don't need to act at all; the bailiffs icon

do it all for you. However it's in your interest icon

(obviously) to introduce yourself to them, and to be approachable, so that they feel like helping you out. That way they'll be honest with you about what they're doing, when they're doing it, and how they operate. I doubt they'll bang into your local branch and immediately demand money or goods to the value; I expect they'll start by writing letters demanding payment.

**cowlie** · 15th June 2006 09:47

My warrant has been submitted to the court for final validation before being issued. I should get some movement from the bank one way or the other now - I expect either a cheque - or for them to ask that this be set aside icon

to allow them to faff for a few more weeks.
This is a very advanced stage - I began this in February - if anyone has been here with RBoS before - advice would be appreciated.
Cheers, Cowlie.

**cowlie** · 22nd June 2006 12:17

Update:

It has been over a week since I had a warrant of execution icon

issued - on the moneyclaim site, it says 'Your warrant request has been accepted. The warrant has now been sent to the bailiff icon

at the appropriate court for action'.

This is against the sacred Drummonds branch of RBoS.

I think there are two things that could happen - they could ask for it to be set aside icon

and thereby faff for a few more weeks (entitling me to increase my claim by the extra interest) or thay can pay up.

The bank has acted unlawfully in taking this money from me and I will accept nothing short of 100% of my claim. During the times I went overdrawn the bank made more than enough profit from me in their overdraft icon

fees and interest - the referral charges that were additionally levied do not represent the cost to the bank and are therefore unlawful.

I would be more than happy to go to court to achieve righteous resolution.

**cowlie** · 26th June 2006 17:56

I have now recieved a letter from Cobbetts the solicitors in which they:

Inform me they have asked for the judgement to be set aside icon

,
They present their standard defense,
They ask for info in relation to CPR18.

I intend to allow the set aside to be granted (this site appears to give opposite views on this - I prefer to allow it simply to avoid delay).
The defense seems to be a standard defense.
I will respond to the CPR 18 request by saying it doesn't relate to small claims so will not provide, but if the court ask for it, I would happily give it. I will send Cobbetts the spreadsheet showing what charges I want repaid and interest icon

etc.

Should I be copying in the court on all this?
I think this is the best way to procede but any suggestions gratefully recieved.
Cheers, C.

**cowlie** · 28th June 2006 13:53

I intend to send this letter to Cobbetts unless anyone can say why I shouldn't?:

I am writing regarding correspondence received from you recently consisting of your defence and request for further information in accordance with CPR part 18 icon

.

As you are probably aware CPR part 18 is not applicable to claims under the small claims track, and only the court can ask for this information so I will not comply with your request.
I am more than willing to provide the requested information if the court deems it necessary.

I am, however, enclosing a Breakdown icon

of the charges I believe to be unlawfully levied against me which, as I have explained to the bank, are referral charges and charges relating to unpaid items such as Direct Debits and Cheques.

Yours sincerely,

Please let me know if you think I should include/exclude anything.....
Thanks.

**stacymason** · 28th June 2006 15:40

maybe you should point out how nice your being by allowing the set aside icon

. Might encourage them to pay up quicker!!!!

**westable** · 11th July 2006 13:30

do you have to let them to set aside icon

. HOw quickly can you get your money? I have just asked for judgment and am slightly confused.

**homoeopathics** · 11th July 2006 13:57

You dont have to let them.....and it may not go that far anyway.

I am aware two claims where full settlements were offered prior to set aside icon

hearings.

I think threads are just not being updated because some are agreeing to clauses of silence....which is a great shame because banks are paying up in spite of non agreement to silence.

**cowlie** · 3rd August 2006 11:11

**Payment Recieved In Full**
Court hearing was set for a few days time, but they've paid up. If anyone is on a similar track and wants any advice send me a private message. Get what's yours.
Thanks to the BAG - 5% on the way.

**stacymason** · 3rd August 2006 11:57

wow fantastic, it was a long time coming but you finally got there!!!!

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