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.
Judgement against A&L was given on February 26th but there is still no response from them. They were too late with acknowledgement of service and the court returned it to them.
What is my next step? I have called them and left messages to return my call-still nothing.
Thanks for your replies. Not sure what to do now, i've spoken to the court who have not heard anything further since returning their very late acknowledgement of service.The court have sent them the judgement papers and they have suggested getting a warrant as being the next stage.
Surely they can't ignore it for much longer because I gather the warrant is for bailiffs???
My opinion is still to go the court route, angel 49. They have the legal clout after all.
You wouldn't be the first to send in the baillifs; another forum member did this a few months ago. Sent them into the local branch, I believe, and the manager paid up on the spot!
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Sadly the bank may aply for and get a set aside so dont be surprised if this happens.
On the other hand you can apply for the warrant and send the baliffs in.
i wold suggest you write to the bank sned them a copy of the order and ask them what thier intentions are, give them seven days to respond.
If they dont respond then send in the baliffs that way if they do apply for a set aside you have every reason to object.
JMHO
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
Glenn, I sent them a letter following my phone call to them on Monday asking them to settle. I rang the court following my earlier post and they confirmed having had no response whatsoever. If they were going to apply to have this set aside, how long do they have to make that application?
I'm not sure there is any specific timeframe. The problem is that the courts don't like judgements by default, this opens the claim up to appeals. So if a defendant appeals and asks for a set aside its almost certain to be granted, where the cut off in terms of time comes for them i have no idea.
I would write them a brief note saying since i have a judgement by default can you confirm your intentions in this respect?
Attach a copy of the order. give them 7 days and if they don't do anything then go for the warrant, if they do then you have to decide whether to fight it or allow it.
You could simply apply for a warrant pay the £35 and then see if they apply for a set aside.
Its up to you.
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
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Sent off the letter threatening the bailiff action followed with a phone call to them last Thursday. It would appear that they have a new legal team handling the claims now. They had to request the court send them copies of the claim which they received on Friday.My cheque will be processed/actioned by Friday this week (16th March)will post when it arrives.
It's my guess,A&L are well and truly behind with everything maybe because paperwork has been mislaid or not passed through from the previous legal team???? It would be interesting to know how many copies of claims they've had to request from the courts!
I did receive a letter stating they would be reviewing my banking facilities with them and the threat of a default.
oh and if you want to heap more misery on them, write to them and ask if they have complied with CPR 42.2?
The incoming solicitors have to write to the court and opposition and let them know of the change in representation.
HTH
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
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
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Cheque through today in Full and final settlement £1066.78.
Also 2 letters. One default notice due to them heaping £60 in charges taking me over limit!! 2nd letter closure of my account April 2nd.
A&L Judgement awarded- no response
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