twinfly v Woolwich

[twinfly]

Originally Posted by twinfly

Please can you help, bearing in mind judgement was issed on the 9th May Warrent was issued on the 18th and my local court has informed me the bayliff will be going in to by branch within the week.

got the following letter from Barclys this morning, what should i do cos something don't seem right on the order Barclys want me to sign

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I am writing to you in connection with the default Judgment which came to the attention of the bank's Litigation team yesterday.

I believe that you had issued a claim via the Court Online service and in the absence of a Defence, secured a default Judgment on 9 May 2006 for £l,125.13p.

I have made enquiries, but have so been unable to trace the Claim Form.

Given the question over whether the Claim Form was served correctly, I would expect to make an immediate application to the court for the default Judgment to be set aside. However, I am conscious of the time involved for all concerned, i.e. for you to attend a court hearing and the cost of pursuing the matter further. I, therefore, propose to offer to settle your claim in full subject to your agreement to:­

1. There being a Stay of Execution;
2. That the refund of £l,125.13p is paid direct to your Woolwich account;
3. That you consent to the default Judgment being set aside;
4. The refund of £l,125.13p is in full and final settlement of your claim entitled 6QZ 24856; 5. The terms of this offer are confidential between yourself and the Bank.

I trust that you understand that I am putting forward this offer of settlement to avoid the time involved in making an application to the Court to have the judgment set aside. It, therefore, does not imply any acceptance of liability on the part of the Bank.

I enclose a draft Consent Order setting aside the Default Judgment. Please sign and return this to me and I will arrange for it to be filed at Court. You will see that it makes reference to us filing a Defence to your claim within 14 days. This will not be necessary as we intend to pay you in full, but nevertheless needs to be mentioned in the Order.

Please also sign the enclosed copy of this letter confirming your agreement and return it to me at the above address. Once I have received these documents from you, I will arrange for the funds to be recredited to your account no: 000000000. I have enclosed a stamp addressed envelope for your convenience.

I look forward to hearing from you.

Keith Jeremiah Legal Executive

In the Northampton County Court

Claim no: 6 QZ 24856

District Judge:

Between:

Cxxxxx Xxxxx

Claimant

And

WOOLWICH BUILDING SOCIETY

Defendant

CONSENT ORDER

BY CONSENT

IT IS ORDERED:

1. The default judgment entered on 9 May 2006 be set aside forthwith;

2. The Defendant to serve a defence within 14 days as from the date of this order;

3. There be no order as to costs.

Dated: May 2006

......................... ......................... ...

Keith Jeremiah
Legal Executive
On behalf of the Defendant

Cxxxxx Xxxxxx Claimant

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:conf used:HELP: confused:

I can't understand why they want me to sign this it's not my fault they lost the claim and will this give them the power to appeal to the court???

[yankee_bloke]

I would write back telling them that they are now in breach of the court descision and that you want your payment made ASAP as per the court ruling.

If not you will report their lack of payment to the court, that has ruled in your favour.

They want you to waive costs ext, NO way you won fair and square, its a final trick on their part.

Tell them you will have no further communication with them regarding this matter while their debt to you is still outstanding and tat you will file a further complaint if they dont pay in 7 days.

They are chancing thier arm IMO. you have done the hard part......won in court, they know they are screwed!

[twinfly]

Please help i'm FUMING BAD with moneyclaim/court just a brief recap i had judgement on the 9th May Barclays defaulted, waited and waited for refund. Court issued a warrant costing me £55 on the 19th May and my local court was due to pay a visit in the last few days. Today as i had not heard anything i gave moneyclaim a ring only to be told Barclays have applied for STAY OF EXECUTION and i should here back from them in the next 10 days.

Please could someone tell me what Barclays or the court is up to ????

Can a court go back on it's own rules???

[Bookworm]

In short, yes.

You won by default. Now Barclays are saying that, for whatever reason, they didn't defend, that's why you got your default. They'll also be saying this: "If we had the opportunity to defend, (forget the fact that they had plenty of time to do so for now), we could have defended ourselves (does not mean winning! just defending).

Ok so far?

Right. Now, the judge has to look at the case and think: Given the opportunity, COULD they have put together a defence? The answer is obviously yes. Therefore, in the interest of justice, they must be given the chance to put that defence forward, therefore, I must grant the set-aside/stay of execution. Bingo.

Barclays are abusing the court process. The courts are doing what they're supposed to do. For everyone. It's frustrating, but it sometimes works the other way too.

I hope this makes things clearer, if not more palatable.


And please do not post twice the same post, I've just had to merge your threads.
.

[rbrears]

It's not an abuse of the court process or the court or the bank acting in an underhand way. The rules specifically provide for a defendant who has had default judgment entered against him to apply to set it aside. If the defendant is able to satisfy the court that the judgment should be set aside then that's what happens and let's face it the hurdle is pretty low. It's a means of setting aside a default where the issues were not properly tested and there is "some" merit in the defence.

It's not surprising that some of the proceedings being issued against these banks are being overlooked or misfiled. There must be thousands of claims being dealt with.

If my bank wrote to me after I'd got a default judgment offering to pay the claim in full in exchange for an agreement to set aside the judgment I'd sign it immeditely and get my money - after all that's what it's all about isn't it?

As for confidentiality - that's up to the individual. Some might feel that keeping the details confidential and getting their money now is preferable to going back to square one with a set aside and new directions about filing a defence - thus putting the claim back a month or two.

[barracad]

Originally Posted by rbrears

It's not an abuse of the court process or the court or the bank acting in an underhand way. The rules specifically provide for a defendant who has had default judgment entered against him to apply to set it aside. If the defendant is able to satisfy the court that the judgment should be set aside then that's what happens and let's face it the hurdle is pretty low. It's a means of setting aside a default where the issues were not properly tested and there is "some" merit in the defence.

I don't think anybody's disputing that the banks are entitled to their set-aside, just that they are requesting their set-aside on the basis they could have defended, when they have no intention to defend the claim and will just settle out of court.

[gordonhall]

Obviously your call, but I would accept everything bar the confidentiality. Get the matter over and done with but don't let them dictate who you can talk to about this matter.

[twinfly]

This is a nightmare

The latest is, the court have ordered a stay of execution for 14 days from 8th June. On the bottom there is a note saying a party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order. This means what?
I don't understand why they've asked for a stay of execution, they can't really provide a defence now as I have a letter saying that they will pay it all. Whats the point!
The 14 days are up on Thursday, what do I do then?

Caz

[rogerebaker]

Twinfly

I think whats happening is Barclays are trying to limit the damage by arranging it so it looks like they provided a defence and then paid up. Im not sure why but I think you will have your money soon.

I would certainly ring Keith Jeremiah discuss it with him and Im sure it will be resolved to your satisfaction very quickly.

Good luck

[twinfly]

Settled in Full

[rogerebaker]

Well done and congrats.

Been a long time

[closey]

That is really excellent news twinfly, well done.

When you have a moment could you fill in the Bank Charges Survey?

Enjoy your money x

[Mumofthreeboys]

Very well done you, MOTB xxx

[paddym]

well done twinfly another satisfied woolwich customer !