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.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I took Halifax to court on the 21/11, they acknowledged my claim and requested the extra 14 days to file a defence which takes us up to Christmas-bloody-Day!
So, will they actually file a defence before this date or will they just pay up before then in to my bank a/c?
What happens if they file a defence? I presume it goes to court? Has any cases gone to court?
If they do not file any defence I can request a Judgement when the courts open again after Boxing Day??
Questions, questions, I am SO skint, that money would be so handy right now!
Hi Bradders,
Now Calm down!!!
I filed on 23rd so I'm in similar position. Just sit back and relax. here's the timetable.
1) They have 14 days in which to enter a defence. If they do you will receive a court allocation questionnaire which you complete within 14 days. You have to send another £100 which you will of course get back with your claim. However there is every chance they won't get a defence together in time.
2) I've just discovered that there's every chance that the standard practice is to send you a letter of settlement on the Wednesday of the week following the acknowledgment.
3) If this doesn't happen and they fail to defend within the 14 days, you must firat send them a letter giving them a further 7 days before you file for a judgement, otherwise they can ask for a set aside which will delay your claim by several weeks.
4) in the event that they defend, after you need to start to prepare for court and look on the site for the court bundle etc.
Hope this helps, send my a private message if you need any more detailed help.
Regards,
David
4) in the event that they defend, after you need to start to prepare for court and look on the site for the court bundle etc.
So some have actually gone to court then?
Their seems no ryhme or reason to Halifax, some ppl get full settlements without it going to court and some get full amount after filing claim, some defend... Some don't! Arrrgh!
Bradders I also filed on 21st Nov, deemed served 26th Nov. Halifax acknowledged the claim on the 1st Dec then today I got a letter from them offering me full settlement!
Hopefully you'll get yours soon.
Have you checked your bank account as some people seem to get the money paid in before they get the letter from Halifax.
Should have said the letter Halifax sent me does say they have told the court they intend to defend but that as it would cost them too much to do so in legal fees etc they'll settle instead!
Bradders I also filed on 21st Nov, deemed served 26th Nov. Halifax acknowledged the claim on the 1st Dec then today I got a letter from them offering me full settlement!
Hopefully you'll get yours soon.
Have you checked your bank account as some people seem to get the money paid in before they get the letter from Halifax.
Good luck
Joty
Wow! Lucky you! Well done.
Mine was acknowledged on 30/11.. Nope, nothing in my a/c, I have checked every day!!
How much was your claim for? Did they ask for the extra 14 days??
I don't know yet if the moneys in the account, my anti virus software won't let me log onto Halifax as it says there's phishing going on their! LOL
The letter they've sent me says to allow up to 5 days for the money to reach the account so I'm not contacting the court until I've actually got the money.
Bradders 33,
You have to assume you might go to court. When you make a claim there is always a chance that it could be defended. Remember they have a legal department looking for any loopholes to get out of paying. They will weigh up the size of claim and the case against them. Occasionally it will get to the stage of going to court before they pay up. The other thing to remember is a precedent cannot be set in a small claims court although they will be weary that a judge may order the case to go to a higher court to be heard. They will not want a test case in a higher court.
You shouldn't concern yourself too much about going to court but everyone must remember it is a possibility. I have already prepared my court bundle just in case.....
OH MY GOD! OH MY GOD! Had a dream last night that they paid up! So today, even though it's a Saturday I checked my a/c online and ALL of the money is there!!
Oh my God! I want to scream I am sooooooooooooooo happy, thank you SO much to the ppl that run this site and for everyone elses advice I will deffo make a donation, thank you.
My husband was dubious and now that he has seen the fruits of my labour he is going to get the ball rolling with Lloyds.
Thank you a million times again!! I will post a proper post in the Successes thread with timescales etc, to assist others!
Well done. Really pleased for you. Just in time for Christmas!
Tell me about it!
I have most of that shopped for now, so will pay off my credit card I think, start the new year with a nice clean slate and try and get myself sorted financially I reckon.
Well, we treated ourselves yesterday, bought some nice things for the house and went out for a lovely meal. The rest will be spent on things worthwhile... I was grinning like a Cheshire Cat all day yesterday!
Hubby will send SAR to Lloyds next week, will be interesting!
** WON ** Bradders v Halifax ** WON **
to court on the 21/11, they acknowledged my claim and requested the extra 14 days to file a defence
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Re: So let me get this straight...
Originally Posted by David1004
Re: So let me get this straight...
"Another charge by the Bank?"
