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.
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Courts not playing ball with judgements
After ploughing through loads of threads (esp Bully (woolwich) and Natwets, I notice a lot of people are complaining that the courts are allowing defences by the banks a couple days after the deadlines or when judgements have been submitted.
Surely they cant just make up the rules as they go and allow this to happen.
I was wondering that, say if after your claim has been sorted out (and you not releying on the court) can you complain about this practice? and if so to who?
Seems a bit out of order to me, surely a deadline is a deadline!!!!
Sorry, but it just gets my goat that even the courts seems to be taking the P's, and putting added presure on us grrrrr
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
what make me laugh about this is 1 law for the "fat cats" and 1 law for us................
banks tie us to their dead lines and if a cheque was to be presented or DD to be dated..even 1 day before our money went in...we'd be charged for being overdrawn...etc..........
I wonder if the courts are lenient should any of us be late with "anything"
so why make dead lines when the banks know that they can abuse it ?
the sickest thing is, they are sadistic..they know that we poo ourselves leading up to that day.........
holding our every breath when the day arrives..
thinking..
phew, finally it's all over...
and then the bank punches below the belt !!!!
1/6/06 request charges
16/6/06 received charges
18/6/06 first request for refund
3/7/06 "No" letter from bank
13/7/06 LBA
7/08/06 handed claim to court
10/8/06 court stamped as date of issue
24/8/06 deemed to be served
25/8/06 Sechiari filed acknowledgement of service
6/9/06 defence served
9/9/06 copy of defence and AQ received by me
25/9/06 deadline for AQ submission
25/9/06 call Sechiari confirm safe receipt of my AQ
26/9/06 received copy AQ from Sechiari
29/9/06 letter to SCM to say "you want 1 month to settle, so settle"
18/10/06 after "strained communications"and how !
verbal offer of full settlement with conditions
communications rejecting conditions from me
5/11/06 received letter offering settlement with conditions
7/11/06 sent fax rejecting conditions etc
14/11/06 unconditional settlement in bank and how !
little village in wales no point putting it here no-one would have heard of it
Posts
1,476
Re: Courts not playing ball with judgements
I know but what Im saying is, as the courts are there to uphold the law (as in 14 days deadline) surely they should be.......wait for it......upholding the law.
how come they are allowed toget away with it and why cant we (or me I dont care) complain about them. Surely they themselves are guilty them of breaking the law (or acting unlawful) whatever it is?
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
You have to think of this as just a game that you are learning to play.
Our problem is we dont understand all the rules and this means we get frustrated when things appear not to be going how we think they should.
As you start to pick up on the rules you can start to think of ways of making them work for you.
The difference is of course that to the defendants and their team its business, only business.
To us of ocurse its a different matter and if youre not careful the personal element makes it all the more difficult to learn the rulse and just let them ride over you.
this deals with small claims and from here you can branch out to all the other bits which make the courts work.
Knolwedge is power and they have it, get some yourself and take back some power.
JMHO
Glenn
PS im crapping it too.
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
You have to think of this as just a game that you are learning to play.
Our problem is we dont understand all the rules and this means we get frustrated when things appear not to be going how we think they should.
As you start to pick up on the rules you can start to think of ways of making them work for you.
The difference is of course that to the defendants and their team its business, only business.
To us of ocurse its a different matter and if youre not careful the personal element makes it all the more difficult to learn the rulse and just let them ride over you.
this deals with small claims and from here you can branch out to all the other bits which make the courts work.
Knolwedge is power and they have it, get some yourself and take back some power.
JMHO
Glenn
PS im crapping it too.
This is a very fair view of what is happening here. We are all novices at this game compared to the banks, financial institutions and their lawyers etc, who know exactly how the system works. However, Allyxia has a very valid gripe regarding the total lack of respect for the law with their blatant abuse of the 14 day deadline.
As Allyxia has pointed out, we are here bacause we are being penalised for, amongst other things, LATE payments. What happens when we make a late payment? We are immediately charged a penalty! 14 days is 14 days, full stop. As Allyxia said, why are they allowed to get away with this?
Do you think then, that we can persuade these institutions to waive these charges when we are late with a payment? No, i didn't think so either.
Lloyds: Started SAR Sent & Received
Preliminary Sent Stayed- Awaiting further developments with new test cases!
Mint C/Card:Started
SAR Sent & Received
Preliminary Sent Stayed - Awaiting further developments with new test cases!
ENDEAVOUR PPI:Started
SAR Sent & Received
Gone pear shaped! See HERE
However, Allyxia has a very valid gripe regarding the total lack of respect for the law with their blatant abuse of the 14 day deadline.
As Allyxia has pointed out, we are here bacause we are being penalised for, amongst other things, LATE payments. What happens when we make a late payment? We are immediately charged a penalty! 14 days is 14 days, full stop. As Allyxia said, why are they allowed to get away with this?
Do you think then, that we can persuade these institutions to waive these charges when we are late with a payment? No, i didn't think so either.
You are, with all due respect, missing the whole point of my post and maybe thats my fault.
The courts have rules, the rules allow them to give the banks or indeed any other defendant the chance to present their case and they will bend over backwards to allow this within the rules.
So whether you or i like the rules they are not being broken by the defendants and the courts are not doing anything they're not supposed to according to the rules.
I could of course be wrong and the courts are in the pockets of the banks, but i personally have heard or seen no evidence of this.
With regards to the behaviour of the banks I have not tried to support the banks or their views, I don't disagree with your views about the likelihood of them changing their position.
HTH
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
I can understand what you are saying and I agree with Glenn it's a case of finding your way around the system. I have to go to court sometimes in Landlord and Tenant disputes and you eventually learn "the ropes" i.e the procedures,laws,rules etc. The probable reason why the banks are playing for time is that they underestimated the amount of people that would take action against them. Its all a game except the game isn't played on a level playing field.
Courts not playing ball with judgements
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Originally Posted by Glenn UK
