Judgement by default - a few questions

**Alison82** · 24th June 2009 11:28

I recently started a claim against HFC for charges plus interest icon

and the removal of a default marker on my credit file. It has been over a month and they have not acknowledged it, the courts now say I can file for judgement however I have a few concerns.

1. How to I ensure they refund the charges plus REMOVE the default marker on my 3 credit files?
2. What if the acknowledge now, will the courts accept it even it is a month late?

Thanks in advice

**Alison82** · 25th June 2009 14:17

Bump

**postggj** · 25th June 2009 14:20

if the bank has not acknowledged service,
file for judgement now, and i mean now
phone the court

as it has not been stayed you can go through to enforcement

**postggj** · 25th June 2009 14:21

did yopu put default removel on your pertic of claim
if so, when you get notification of judgement, send a copy to the cra and demand the default be removed

**BankFodder** · 25th June 2009 15:27

I'm afraid that it doesn't quite work that way. The element of the claim which deals with the removal of credit file entries cannot simply be dealt with by a default judgement. There will have to be a hearing so that the judge can consider and give an order requiring the removal to be done.

The problem is that as soon as they become fully alerted to the case, they will ask a set aside icon

-- and they will get it.

I think that the best you can do here is to have as much fun as possible.

Get the default judgement and then without alerting the other side simply put the bailiffs icon

in. If you're lucky they won't know how to react in time and they will pay the money. After that put in a form N244 application notice icon

and ask a hearing on the basis of your default judgement so that the judge can hear representations as to why the order should not be made -- and then hopefully make the order.

This is a very interesting situation that you are in. Please keep us fully updated

**Alison82** · 27th June 2009 10:53

Hi thanks, that would be good, I don't mind having a hearing over this, they defaulted me after 2 missed payment althought they weren't missed as they accepted my offer for reduced payments at that time, they also didn't give me a default notice.

Thanks, I'll keep you updated

**Alison82** · 27th June 2009 11:04

Also I did put the default removal on my POC icon

**BankFodder** · 27th June 2009 14:49

Good. Then put the baillifs in for the money first and then ask for the hearing.
Keep us informed. Lots of fun!

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