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.
Can anyone please advise as to when you should be able to obtain Judgement by Default. It is now 30 days since the Claim was issued (by MCOL) and although acknowledged a Defence has not been filed. I have tried to obtain Judgement via MCOL but it is not letting me do it. Any advice appreciated.
Its actually 28 days, but remember it starts from the 'deemed seved' date, not the date of issue. Chances of them not entering a defence are remote, so I would'nt get your hopes up.
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
You need to compile all your evidence and submit your court bundle, as it directs you to on your notice of allocation. Here's a thread which will help you - http://www.consumeractiongroup.co.uk...ate-guide.html. Any questions, just ask.
Please remember to DONATE! Help CAG keep up the fight!
Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
In Worcester CC this morning and WON with an extra £50 for loss of earnings to be paid within 14 days. District Judge once he had turned of recording machine discussed DJ Cooks decision in Birmingham and said he thought it was fundamentally flawed. Lloyds didn't turn up. Big thanks to all that helped donation on its way.
Toddle
Barty very wary. After giving judgement the judge switched of the recording machine and spoke about Birmingham. He said he know the DJ and thought his judgement was flawed for even hearing the case without Lloyds turning up.
Excellent news toddle, fantastic. We can all start to breathe again
If I've helped, please tick the scales at the bottom left of this message!
17th Sept: Found this site!
Lloyds TSB
22 Sept: Subject Access Req. 3 Nov: statements arrived. Charges calulated at:
A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)
A/c 2 - £206.11 + int of £211.07 (18.4%) 7 Nov - prelim. 3 Dec - LBA 13 Dec - £750 offered 23 Dec - £750 credited 28 Dec - rejection letter 2 March - issued 16 April - complained at court failure to forward defence
Halifax
22nd September: Subject Access Request. 4th November: No reply so LBA giving 7 days.
Cap One
22nd September: Subject Access Req. 5th October: Letter saying no record of account! 15th October: Replied telling them to try harder... 22nd October: Subject Access Req acknowledged.
Im going to be at worcester court soon against Lloyds and Abbey. after the case in brum the other day i was a little concerned(only a little) but after hearing this it has made me feel alot better.
What was the name of your judge?? if you dont want to post it on here PM me if you like.
Any advice would be great too .
Did the judge question you like the one in brum or did he just award the case to you. I just want as much info as possible.
Congratulations, where are the media when you need them?
BTW Working Lounch (who I normally find quite fair) referred to the case making reference to illegal charges. Why can't they use the correct terminology as I think it very imporant!
Update
Payment was due 1st June as per Order. The order was only dated 31st May so thought would at least give them 14 days to pay up. No surprises here but still no money. Have faxed [problem] toady to inform themif cleared funds not in my account by close of business today will 'transfer up' Judgement to a High Court enforcement officer for enforcement and will contact media etc. Hopefully this will have the desired effect. Will keep you posted. Out of curiosity if needed does anyone know where the Judgement should be enforced - local branch or registered office?
Thanks
Toddle