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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?
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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.
From what I remember of my first claim, you will be able to file for a judgement by default the day after the 26th.
Don't forget to contribute to the CAG. Without them we would probably still be drafting our prelim letters.
OH Cap One - £436/ So far received £40. MCOL submitted 17/7/06. Caved 4/8/06 for full amount!!!
OH Monument - £140, claim filed 8th May. Requested judgement by default, settled in full 4th July via out of court settlement (see thread). Total £192ish received.
Me Barclays - £630. Received letter 13th May offering £300 full and final (they can bog off). Claim filed 16th May. Acknowledgement of Service filed 22nd May to defend all of the claim. Allocation Questionnaire completed and Stay been ordered by Judge on 18/7/06!!!
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.
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?
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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 ?
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.
I got judgement by default issued to cahoot on 27th.. what do I do now?
Do I give them a chance to pay up?
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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.
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I have looked at that on the website... Do you have to give them a certain timeframe... ???? anyone got experience of this?
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
Would really appreicate some guidance... should I send them an e-mail giving them a deadline?
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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)
do you think something like this would be ok (thanks to Abby who suggested it!!)
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
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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.
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..
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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.
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Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.
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..
Cahoot
JBD issued - 27/07/06, warrant issued 08/08/06 First Direct
Settled in Full Capital One
Prelim Sent Citi Financial
Offer of difference betwen £30 and £12 GE Capital - Evans Card, Data Protection Act Argos Card, DPA Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!) Egg Card & Egg Loan,DPA NatWest Card
LBA Vodfone
3rd letter re: default Studio & Ace
Prelim for Studio e-mailed
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
HSBC 15/08/06 - £4955 paid in full from HSBC!!!!!!! 'Ave it!! OTHERS
04/08 - Conf rec'd from Capital One - sending statements
07/08 - Conf rec'd from Tesco Finance - sending statements,29/08 sent prelim for £282
10/08 - Conf rec'd MBNA - sending statements.02/09 prelim for £437
10/08 - Conf rec'd Morgan Stanley - need to send ID - sent 11/08,rec'd letter offering £96(rejecting), 02/09 prelim for £220- Rec'd £240 few days ago.
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