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.
This has been hard work from the start, but I thought I had won.!!
After following the "standard route" - letters, statements, had the 50% offer,
etc. etc.
I submitted my claim using Money Claim Online and waited for Barclays to
defend the case as they had indicated they would on their acknowledgement of
service to the court. They had 28 days and didn't!
So the day after the deadline I applied for a default judement online and after a
couple of days received a "notice of judgement entered" in the post.
"This is it !! I thought" ... wait for the money.
I then called the court nearly a week later to see what the next stage would be - honestly
assuming I would be told that Barclays must now pay me within 28 days of the default
judgement. (This was my understanding of the process).
I was actually told they had paid a fee (not sure how much) for a "stay of execution" pending
their application for a set aside.
I don't understand how 5 days after a default judgement was successful (and a CCJ entered
against Barclays) they could pay a fee and lengthen an already deliberately drawn out
process to apply for a set aside.
What reason could they have for the judge not to have defended within the 28 days, then
be granted further time almost a week later? They had after all acknowledged the service
and so can not claim they never had the paperwork...
Does anyone understand set asides?
Does anyone know what will happen next?
Would serving a warrant help at this stage or have I (as I suspect) blown this opportunity?
Barclays will have to make an application to the court which will cost them £65, you should apply for any costs you incur in connection with this too.
they will be applying to have the judgement set aside on the basis that they feel they are able to defend the claim.
they will enter the standard defence that they are entering on all claims. i've had it checked by a solicitor. it is very badly pleaded (especially in view of the fact that they have had it prepared by a barrister!).
i've had to enter an allocation questionnaire now which was an extra £100 fee. they were 4 days late entering theirs but i still cannot get judgement entered against them. i think they are now going to take them all to trial. as far as i'm aware, they dont attend court on the day of trial and get judgement in default against them. i do not think they could apply to get judgement set aside twice but you should check this with the court.
you can object to their application for your judgement to be set aside. it would be heard before the judge and he would decide.
Thanks for that Melaniebree. So boiling it all down, they are taking them all to the "eleventh hour" and then not actually turning up to court so we do all win in the end?
They always pay up a couple of weeks or less before the hearing.
They always try to argue a reduced and/or confidentiality before paying up 100% if you stand firm.
Any deviation from the above is usually due to the claim slipping under the radar at some point. Well, with that many on the desk, it's hardly surprising.
Re: set-aside. Barclays have, on the few occasions where a default was granted, always applied for a set-aside, then approached the claimant and offered to pay in full if claimant doesn't object to the set-aside.
If you refuse, it will go to a hearing, not to decide on the penalty charges, on the possibility of Barclays being able to present a defence. As they do, the set-aside will be granted, then a hearing for the charges will be set, and you'll have a few more months' waiting.
Hope this clarifies things.
Apologies to people who I was in the process of helping, I may be gone some time.
Re: Thought I'd Finally Won.. Then They Get Stay of Execution
Thanks Bookworm.
It does seem Barclays are taking many of these claims to the wire. But I am not sure they are quite as predictable as you suggest.
Barclays aren't always responding just before the end of the deadline, in my case they applied for the stay of execution 4 or 5 days AFTER the time allowed.... and got one. I believe the CCG had actually been issued.
Also .. the survey results show Barclays averaging stage 2 !! before paying up..?
Any deviation from the above is usually due to the claim slipping under the radar at some point.
Like I said....
You don't have to believe me, all you have to do is trawl through the Barclays threads for yourself, especially those that have been ongoing for a while. I think you'll find that they ARE that predictable. The defence is bog standard, down to the incomplete ones, and there is even one ongoing where I would have expected them to try to get it struck out, and they still only simply sent the usual defence, even though it is quite irrelevant!
But hey, just read for yourself, if you think I'm mistaken, not a problem! ;-)
PS: Stage 2 would be valid for those who settle for part-refund as well. Don't rely on this too much.
Apologies to people who I was in the process of helping, I may be gone some time.
A question I have regarding set-aside is, what's the difference between paying up after a default judgment, and paying another £65 to have it set-aside and asking the claimant not to object to the set aside in return for a full settlement?
There must be a huge benefit to Barclays here but what is it?
Excellent question, Welshman! Obviously it adds a further delay, and makes it just that little bit more awkward, but I'm sure you're right; there must be a bigger benefit than that.
As you say, Welshman, what is it?
Anyone?
Victimnomore
By day, quiet unassuming bank customer - but, by night, .. .. .. .. .. Barclays Case1 14/03/07 **WON** FULL settlement £3358.39 Barclays Case2 08/09/08 Prelim: please give me my £187.91 back. Halifax Case1 14/03/07 **WON** Refunded £728 (including £54 costs) Halifax Case2 08/09/08 Prelim: please give me my £268.24 back.
One thing we have noticed is that where some banks don't sem to care about getting a default against them, and only pay when the bailiffs call, some, and Barclays in particular, seem to think it important to get those defaults removed.
But then, you could also ask yourself why take it to the wire, which will cost them more in so many cases, instead of settling earlier? My own Barclays case was for £320. Between costs and interest, it's now nearly £500. Add the work (albeit limited!) that KJ and team have had to put in to deal with me, and you have to wonder...
Apologies to people who I was in the process of helping, I may be gone some time.
I think judgements are a bad thing for the banks and would be worth avoiding. As you said Bookworm, Barclays are determined to minimise judgements.
I presume that if at the end of the day, if we won't "deal" and they have a judgement against them, they either defend - and as we know they won't win, or they cop the judgement against them. At least they don't win in the end!
My claim has gone from something I might have settled for in the early stages for about £1000 to over 1600 with interest, court charges etc.
Their loss! If they had returned my calls weeks ago, instead of threatening to retract their 50% joke offer - and promising to respond and not doing they would have been better off. It just demonstrated their real customer service ethic.
Thought I'd Finally Won.. Stay of Execution
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