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I am now in the “fortunate” position whereby my claim has been award as a judgement in default, it is also noteworthy that the defendant had acknowledged the original claim on the day of service, but had then failed to submit an admission or defence, so their chances of obtaining a set aside on the grounds of non service are not looking to good at present!
This just leaves me with the following problem, what do the Mods / others feel would be the best approach, mindful of Barclays normal obstructive nature in these cases.
1) Write to defendant and inform them of judgement and request immediate payment
2) Wait for the court to write to the defendant and await payment
3) Wait for the court to write to the defendant, and then apply for a warrant of execution
4) None of the above!
Also, as I presume what will happen is that the defendant will realise they can not apply for set aside due to non service, and they will offer to pay the claim on the proviso that I allow their application to set aside proceed (once payment has been received)
Additionally where do I stand on this from a legal perspective, I appreciate that morally I should dig my heals in, however am I committing an offence or is there any legal breach for allowing myself to be “bribed” like this?
They do not necessarily have to apply for a set-aside. Provided they pay up within 14 days of service of the notice of judgement then the judgement is not registered. They also do have the option of applying for a set-aside on the basis that due to the number of claims they are dealing with, they simply missed they deadline in error, and have a valid defence.
It is your call, but any of the first three suggestions you have listed would be fine. Personally, I would wait for the 14-days then apply for a warrant.
Alan, Derby, UK.
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Advice given is purely my opinion, and is not based on any legal training.
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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Woolwich - Judgement by Default
on the grounds of non service are not looking to good at present!
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