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.
:? Hi All Could Anyone Please Help Me. Basically I Followed All Of The Useful Steps Outlined On This Sight And Had Got To The Stage Where I Had Applied Online To Take The RBS To Court.
they Never Replied Back To The Courts Notification And After A Long Drawn Out Wait Was Issued A Court Judgement In Our Favour As I Had Won By Default.
still No Reply From Rbs So I Issued A Warrant Online Which The Bank Were Told They Needed To Reply To......
.then Nearly Three Weeks After This And Believing That The Case Was Coming To An End , They Have Now Filed An Application To set aside The Judgement Stating That They Never Responded Due To An Administration Error And If Allowed To Take The Case To Court They Strongly Believe That They Would Win.
There Solicitor Has Also Asked For Me To Supply My Evidence To Them But When I Spoke To The Court They Advised That If The Judge Requires Anything He Will Ask For This....
we Are Now Awaiting A Hearing But I Cant Believe That They Have Been Able To Do This Soo Late On...
any Advise Please I'm Willing To Fight Them And Take This To The End But Im Feeling Rather Nervous And Anxious.
Is There Anything That You Recommend Me Doing Or Is There Any Evidence On This Sight That I Can Read Over In Relation To The Charges.
Re: Rbs Appeals 4wks After Judgement Has Been Issued
Hi Thanks For Replying....the Bank Applied To set aside Judgement 21days After It Was Issued...haven't Had A Hearing Come Through From The Court Yet But When I Called The Court To See What Was Happening I Was Advised That It Can Take Up To Four Weeks To Hear A Response. The Initial Claim Was Issued On The 18 Aug 06 And The Bank Had Until 6 Sept 06 To Respond Which They Failed To Do So The Judgement Was Entered Against The Bank On The 8 Sept 06 And Then A Warrant Was Issued On The 14 Sept 06
Re: Rbs Appeals 4wks After Judgement Has Been Issued
Is this claim taking place in scotland or england?
And 'pm' means send a private message to someone.
It may help people to advise you/comment if you post some details of your claim.
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
Re: Rbs Appeals 4wks After Judgement Has Been Issued
Hi Thanks For Replying Glenn This Claim Is Taking Place In England My Claim Is For £5000 And Has Been Ongoing Since The End Of June The RBS Have Only Made Contact With A Standard Letter At The Start But I Had Not Heard Anything Off Them Until They Filed To set aside The Judgement Is This Normal
Re: Rbs Appeals 4wks After Judgement Has Been Issued
James
You need to basically summarise your claim so far and any reposnses/defence from RBOS. From what youre saying though you dont have anything until the request to set aside the judgement.
I do wonder whether you can write to the court opposing the application to set asied the judgement since it (CPR 13) does require the applicant to make aprompot application.
Do you know DNA and also is it likley to have any bearing on the courts decision?
Is there a time specified for which to respind back to the courts?
If noy give them a ring and ask if you can object the application to set the judgement aside based on the lack of a case on the part of the defendant?
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
Re: Rbs Appeals 4wks After Judgement Has Been Issued
In my experience, when someone submits an application to set aside Judgment, a Judge will normally decide the application at a hearing unless they feel they can deal with it on the papers alone. There are some procedural reasons where the Court can and will set the Judgment aside, they are all explained in CPR part 13. If James's claim does not fall into one of the "automatic" set aside categories, then he'll (unfortunately) have to wait and see what the Court decide. If RBS can demonstrate that they have reasonable prospects of successfully defending the claim, a Court may be minded to set aside the Judgment and issue directions for the future conduct of the matter - again, this is entirely at a Judge's discretion. One thing in James's favour - Courts tend to take a dim view of Defendants ignoring timescales laid down by the CPR in responding to claims, especially if that Defendant is a company (and probably with Cobbetts' backing) - so he might get lucky and the Court will refuse to set aside and the Judgment will stand, James can proceed with his Warrant and RBS should pay up.
hi can anyone help me as i am at court on monday 27th of november for a hearing as the RBS are trying to set aside judgement. The RBS only acted once i had sent the bayliff in to collect the money. they blamed incompetence for not acting earlier
hi ihave been to court today 27/11/06 to face RBS who wanted to set aside judgement as they never made contact until i sent a bayliff to collect my money. Got to court at lunch hoping no one would turn up but rbs sent there represetative from cobbetts she was not a very nice person but the judge was fantastic, but unfotunatly had to set aside judgement and gave a court date for next week. The judge metioned that he had not heard of a case to go to court and warned the women from cobbetts this had big implications for the rbs if they lost and told me i need to be able to prove that the charges are penalty charges can anyone give me a bit of advise as to how i should argue my case thanks
Rbs Appeals 4wks After Judgement Has Been Issued
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