Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    hannah1980 Novitiate

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    Default Default or Judgement ???????????

    Hello,

    My money claim was posted at the begining of the week. I have been on today and am being asked to tick if I want a judgment by default or a judgment by admission???? which should I go with???????

    Any ideas warmly welcomed. Scared...............

    Hannah :-|

    Similar Threads:

  2. #2
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    Lucycat Novitiate Lucycat's Avatar

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    Thumbs up Re: Default or Judgement ???????????

    Has your claim been served yet (and have Halifaxicon acknowledged?)

    I may be way off but I don't think you can actually tick either until 14 days have elapsed from the claim being served - Halifax must acknowledge within 14 days of being served or you may tick & obtain 'judgement by default'.

    In my case, they acknowledged the day after the claim was served (a few days after it was issued), and paid up the day after. I'm assuming the cash hasn't mysteriously reappeared in your account in the meantime - in my case it was definitely worth a quick call to phone banking! :O)

    Good luck with your claim!

    Lucy.

    Lucycat vs. Halifax 13/9 - £4496.99 - WON!

    Lucycat vs. MBNA (Alliance & Leicester) - 16/11 - Offer of £295 received - pursuing £575.

    Lucycat vs. HSBC - 15/11 - MCOL filed - £1438 (& interest at 8% - another £392.49)

    Lucycat vs. Capital One 15/11 - Offer of £136 received - pursuing £340.

    Lucycat vs. Halifax - Mortgage ERC - 18/10 - LBA sent - £466.32.

    Lucycat vs. Halifax - Mortgage Charges - 9/11 - D.P.A. Non-Compliance letter delivered.

    Lucycat vs. LloydsTSB - Loan PPI - 5/10 - Statement received.

    Lucycat vs. LloydsTSB - 20/10 - Prelim sent for £45 - returned undelivered, recipient has 'gone away'...! :o

    * Lucycat vs. Carphone Warehouse - 13/11 - S.A.R. delivered. * Lucycat vs. Volkswagen Finance - 9/11 - S.A.R. delivered. * Lucycat vs. Barclaycard - 15/11 - S.A.R. sent out.

  3. #3
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    Lizzy Novitiate Lizzy's Avatar

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    Default Re: Default or Judgement ???????????

    You do nothing with that. You have to WAIT the allocated time. They have choices, to either enter a defenceicon, admit so you win or run out of time which you will win by default.
    If they admit you tick the box
    If they run out of time you tick the box because you have won by default.

    They will enter a defence and say they will defend in full but DON'T worry, all is well.

    Lizzy



    Halifax
    Sent LBA 27/6/06
    Been on hol for a week, got home found letter from them dated 27/6/06 offer of £92 claiming £1155.10 so no deal.
    Filed claim with Moneyclaim 12/07/06
    Halifax acknowledged claim 25/7/06
    Court papers received 28/7/06 Halifax intend to defend.
    HALIFAX SETTLED IN FULL 1/8/06
    Donation made
    Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.
    13th Aug accepted offer unconditionally.
    BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06
    Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06
    DEFAULTS REMOVED 5/09/06.THATS 9 DAYS LATER, YES 9 DAYS






  4. #4
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    hannah1980 Novitiate

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    Default Re: Default or Judgement ???????????

    Thanks for the advice. I dont bank with Halifaxicon any more so the most I can hope for is a chq in the post. How did anyone else get money from Halifax if they were no longer banking with them?????

    I will sit and wait to see what happens.

    Hannah

    Hannah

    Halifax Plc (1st claim) £4200 **SETTLED IN FULL**
    Halifax Plc (2nd claim) £ 320 ** SETTLED IN FULL**
    HSBC Bank Claim for £1700 **SETTLED IN FULL**
    HSBC Bank 2nd Claim £800 ** SETTLED IN FULL**
    Cooperative LBA sent Court claim in on the 24/5
    NATWEST - my final and biggest claim (watch this space)

  5. #5
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    hannah1980 Novitiate

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    Default Re: Default or Judgement ???????????

    Well Halifaxicon has acknowledged our claim. I am ready for a fight if need be and hope to sit before a Judge to tell them our side of events. lets see what happens next......

    Many thanks to everyone for their help.

    Hannah

    Hannah

    Halifax Plc (1st claim) £4200 **SETTLED IN FULL**
    Halifax Plc (2nd claim) £ 320 ** SETTLED IN FULL**
    HSBC Bank Claim for £1700 **SETTLED IN FULL**
    HSBC Bank 2nd Claim £800 ** SETTLED IN FULL**
    Cooperative LBA sent Court claim in on the 24/5
    NATWEST - my final and biggest claim (watch this space)

  6. #6
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    Lizzy Novitiate Lizzy's Avatar

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    Default Re: Default or Judgement ???????????

    You will get a notice off the courts saying the Halifaxicon intend to defend in full. When you get that you are almost there....sit tight



    Halifax
    Sent LBA 27/6/06
    Been on hol for a week, got home found letter from them dated 27/6/06 offer of £92 claiming £1155.10 so no deal.
    Filed claim with Moneyclaim 12/07/06
    Halifax acknowledged claim 25/7/06
    Court papers received 28/7/06 Halifax intend to defend.
    HALIFAX SETTLED IN FULL 1/8/06
    Donation made
    Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.
    13th Aug accepted offer unconditionally.
    BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06
    Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06
    DEFAULTS REMOVED 5/09/06.THATS 9 DAYS LATER, YES 9 DAYS






  7. #7
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    hannah1980 Novitiate

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    Default Re: Default or Judgement ???????????

    Hi, sittingg tight is the hardest thing when you know that your money is almost on its way back.

    I am waiting for the postman each morning to see what comes in the post. Do Halifaxicon tend to respond within a short time from having acknowledged it?

    I am sooooo anxious just want to know what is going to happen............arrrrrr

    Hannah

    Halifax Plc (1st claim) £4200 **SETTLED IN FULL**
    Halifax Plc (2nd claim) £ 320 ** SETTLED IN FULL**
    HSBC Bank Claim for £1700 **SETTLED IN FULL**
    HSBC Bank 2nd Claim £800 ** SETTLED IN FULL**
    Cooperative LBA sent Court claim in on the 24/5
    NATWEST - my final and biggest claim (watch this space)

  8. #8
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    Talking Re: Default or Judgement ???????????

    Hi ,Halifaxicon are normally fairly good with there payments and it won't be long now before you get your money,watch those nails now...... mind you,you'll soon be able to have them repaired when your money comes. .regards Nigel

    HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

    N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

    Halifax Visa 1.Paid in full
    Halifax Classic.Paid in full.

    LBA sent 14-05-07,GMAC prelim sent 24/04/07

    Data Protection Act for halifax mortgage 16/09/06.

  9. #9
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    Lizzy Novitiate Lizzy's Avatar

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    Default Re: Default or Judgement ???????????

    Mine took about a week to say they were going to DEFEND in full. Then about another 10 days to deposit the money. At first they put in the claim money then later in the day they put the interesticon and charges in. Some people have to wait a few days for it all, I was just lucky.



    Halifax
    Sent LBA 27/6/06
    Been on hol for a week, got home found letter from them dated 27/6/06 offer of £92 claiming £1155.10 so no deal.
    Filed claim with Moneyclaim 12/07/06
    Halifax acknowledged claim 25/7/06
    Court papers received 28/7/06 Halifax intend to defend.
    HALIFAX SETTLED IN FULL 1/8/06
    Donation made
    Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.
    13th Aug accepted offer unconditionally.
    BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06
    Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06
    DEFAULTS REMOVED 5/09/06.THATS 9 DAYS LATER, YES 9 DAYS






  10. #10
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    hannah1980 Novitiate

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    Default Re: Default or Judgement ???????????

    Hi, we dont hold accounts with Halifaxicon anymore. So there is going to be no account to put it into. The most I am hoping for is a cheque through the post. There dont seem to be many people out there who are like me and no longer bank with them.

    I think that I maybe waiting a while because I am not a "valued customer" anymore, thats even if they send money and dont wait the full 28 days before paying up. Is there anyone out there in a similar siuation?

    (calming of the nerves required)

    Hannah

    Halifax Plc (1st claim) £4200 **SETTLED IN FULL**
    Halifax Plc (2nd claim) £ 320 ** SETTLED IN FULL**
    HSBC Bank Claim for £1700 **SETTLED IN FULL**
    HSBC Bank 2nd Claim £800 ** SETTLED IN FULL**
    Cooperative LBA sent Court claim in on the 24/5
    NATWEST - my final and biggest claim (watch this space)

  11. #11
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    mechs Informative mechs Informative mechs Informative mechs's Avatar

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    Default Re: Default or Judgement ???????????

    I have a closed account with them Hannah, just hang on in there your getting the extra the Halifaxicon are always on about ...the daily interesticon

    Go on ... you know you want to click me
    don't be like the banks - give a little back
    There was a time before CAG but now CAG is here we are the empowered!
    In progress: Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06
    Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

  12. #12
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    hannah1980 Novitiate

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    Default Re: Default or Judgement ???????????

    Thanks for this nerves have calmed down. I will sit and wait. In the meantime we have decided to begin our claim against HSBCicon (who we currently bank with) so this should keep me busy and stop me from fixating about our Halifaxicon claims.

    ARRRRRRRRR - wish they would hurry I want to go on holidayicon!!!!!!



    Hannah

    Halifax Plc (1st claim) £4200 **SETTLED IN FULL**
    Halifax Plc (2nd claim) £ 320 ** SETTLED IN FULL**
    HSBC Bank Claim for £1700 **SETTLED IN FULL**
    HSBC Bank 2nd Claim £800 ** SETTLED IN FULL**
    Cooperative LBA sent Court claim in on the 24/5
    NATWEST - my final and biggest claim (watch this space)

  13. #13
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    Alimontag Novitiate

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    Default Default- NEED URGENT HELP

    This is very Surprising story-Suddenly we have Shariah(Muslim) law applied by UK Banks-I am talking about Islamic Bank of Britian in July 2005 I took a loan of £12000 .According to agreement that they would buy commodities of £ 12000 on my behalf and there the profits gained will be gone to the bank which was £3500 in 60 months with an instalment of £262 paying for these commodities in other words they want to be consistent with the Muslim faith and not charge interesticon, now supposidely this agreemnet also is ruled by Consumer Credit Act 1974 & the genral APR 11.9% .

    In May 2006 I became a victim of crime ,My office was robbed and as usual the Insurance company did not pay,while this was happening I was in arrears but some how paid ISLAMIC BANK OF BRITIAN-but things became bit worse and I missed some three payments -The bank issued a Default notice ,some how I paid the three months arreas-now the ISLAMIC BANK of BRITIAN wants me to pay the balance of the LOAN which they say 10784 immediately I have paid till now £4716 since July 2005 ,they are not going to give any refund on the intreset added((oops!) profit of £3500)) for which would have been gifted back if I would have paid this loan before time.

    Now all this time the bank added £254 bank charges on lot of request they have not refuded it back-They have sent Direct Legal & collection people to collect these money -please remmeber my finance account is up to date now-these direct& legal people are rude & say will get me Bankrupt though the Loan is unsecured-I have clearly instructed the bank that I will not deal with this people-They have troubled me beyond thinking -Now please somebody suggest that can these people bankrupt me and Iwhat should I do.



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