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.
As soon as you like. But I would advise caution, on what grounds have you obtained judgement?
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
by default. Despite the defendant recieving the summons they have confirmed over the phone that it has been recieved they have not filed an aknowledgement eitherit is now 2 days over the date of service.
It is not a win, despite what you may think and the Defendant verbally acknowledging the claim is not going to mean much.
I would caution you and advise that you tread carefully. If you go for a warrant of execution they may either pay or apply for a stay, if the latter then they can do this without letting you know and the court can grant this without you being present.
Have you received the N30 from the Court?
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Judgement in default is not as straightforward as it may appear. A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.
My advice would be to give more time simply because, by writing a letter, such as the one below, you wait just seven more days - if you obtain a Default Judgement or file a warrant of execution you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.
The truth is, an application to set aside Default Judgment or stay of execution is almost always granted as Judges prefer cases to be settled on merit, not by default.
Dear
Claim Number 6XX00000
You have not filed a defence for claim number 6XX00000 at (Town) county court, and the time to file a defence has now passed and judgement in default has been granted.
I am writing to give you one final opportunity to make full payment of £000.00
If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will file a warrant of execution.
Yours sincerely
Furthermore, if as the Claimant you become aware at any stage that the claim may not have reached the Defendent you should apply to set aside any judgment which has been made.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
did what you said. Gave them 2 weeks. nothing then issued a warrant and bailiffs first visit 4 weeks after judgment by default they apply to have the judgement set aside on the grounds the summons was not correctly served.
Hi,
If you sent that letter that HagenUK posted and gave them plenty of time then I would use that against the set aside. I think usually it goes to a hearing to see whether they will grant the set aside.
Off topic Medway is my local CC as well.
Sadly that is pretty much what I said would happen - in almost all cases where an application to set aside a judgment is made the set aside is granted and this is precisely why I do not advocate going for Judgment in Default.
The purpose of the above letter is to draw the defendant’s attention to the claim against them, not to attempt to have a set aside denied, as this almost never works.
What have you received from the defendant in terms of acknowledging the claim?
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Well, although you have suffered delays, at least now your claim is on track and will be heard.
This is the right way for things to go, you need a defence, it signals that the process is underway.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
The Other Side Asked For Costs Of £1550 For Defending As They Had Brought A Barrister In To Defend Themselves And Also Have The Judgement set aside. The Judge Refused As He Asked Me To Give Him A Good Reasn As To Why Not So I Told Him That It Is A Small Claim And You Can Represnet Yourself And Do Not Need Legal Representation If They Have Sought Legal Representation It Was Off Their Own Backs. The Judge Also Said As This Claim Is Well Below It Will Stay A Small Claim And Thus Costs Are Refused. He Also Said That Once The Defence Is In Then Aqs Will Be Issued But Hopefully It Will Not Get To That Stage. The Other Side Have Still Not Taken The Hint.
Since they have apparently lost £1550 already, they make take the view that to continue would not make commercial sense - but that is not always the case. I have witnessed company directors spend in excess of £10k to defend a claim of less than £1k and they thought they had "won" as they did not have to pay the £1k.
Madness.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
It takes the micheal dont it. Why not just pay up and end of story. The solicitors who hired counsel said that they would do what their clients have advised them and guess who their clients are ? the amicus-horizon group who supply housing their other branches are casa support/crowbridge housing/1066 houseing/swale housing etc etc.
Is It My Choice ?
from the court ?
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