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.
On 18 December 2006 I applied Judgement in default against my bank. They were required to submit their defence by 15th December 2006 but had failed to do so. (They eventually submitted it on 20th December)
29th December 2006 judgement was granted and the defendant required to pay the total amount of the claim.
I have now received a Notice of hearing of Application dated 10th January 2007 as the defendant is applying for the judgement to be set aside. The hearing is set for 27th February.
Can I object to this set aside? And when I attend the hearing what will I need to take ie will I need my full court bundle?
As an alternative you could send the draft order asking for the defence to be struck out unless the defendant submits a list of claims settled and defended into court within 14 days.
At least Newark and Lincolc courts have issued orders on this basis to a couple of members recently and it owuldnt seem unreasonable to write to the court with a draft order attached.
If the court takes it on thewn the bank will be unlilkey to submit the list.
Just a thought.
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
Application for set aside
. The hearing is set for 27th February.
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