HI all,

I'm currently pursuing 4K from RBS. I've done all the prelim stuff and submitted my claim to moneyclaim. They never responded to anything i, or the court sent (apart from a poxy 250 quid offer) so obviously i have a default judgment now. In fact i've had one since the 1st august and i still haven't heard from their solicitors to set it aside. How long should i wait before i start the warrant of execution?

cheers,

john

Do it now John!! Don't wait. You can actually request a warrant as soon as you get judgment. I have to say though I've been down this route and I'm still waiting - have you seen my thread "Speedy response from RBS"? By the way, on your copy of the Acknowledgment of Service, is there a reference for Cobbetts? If there isn't that may be why you haven't heard from them

Thanks for the reply. I'll start it off straight away. I haven't had any kind of acknowledgement from anyone though, i don't think. Certainly nothing that mentions Cobbetts. does that mean anything???

Oh, I see now - they never acknowledged service of the claim, is that right? Did you even get a Notice of Issue from the court? Well, that's all the more reason to request a warrant right now

Thanks, Yeah, i got all the bumf from the court but never heard a thing from RBS. I've issued the warrant at 9:45 this morning. Time will tell now...

Good luck John hopefully you'll have more luck than poor blueruby's had! Keep us informed of any developments!

Stacy

"Your warrant request has been accepted. The warrant has now been sent to the bailiff at the appropriate court for action."

yaayyy. Can they still apply to have it set aside though? Is this just another stalling tactic by them?

They can John, but I don't think this is a stalling tactic, I think the claims have got lost in the system, which can lead to all sorts of probs if you read Bluerubys thread.

Well well well. Phoned them up and told them about the bailiffs, person on the other end went a bit weird and they said they'll get back to us shortly. They phoned back shortly and said they're writing a cheque now for the full amount (£4031) and it'll be with us within 7 days. I'll let you know when / if it arrives.

ooooh perhaps you should give blueruby the number you rang she's having a nightmare with them at the minute. let us know when you get the cheque!

I just phoned the branch that i issued against. I'm wondering if, because i haven't heard anything from them,they just ignored all the court stuff and now they're trying to cover it up from head office or something.

fab! congrats!

Well done Johndal :D

I'm going to give that a go tomorrow!

Well today was the final day of the 7 days they said it would take for the cheque to arrive......it didn't....what did arrive however was a fat envelope from the courts with cobbetts (*SPIT*) putting in an application to have it set aside along with a request under CPR18 ....absolute sh*ts!!!

However, they seem to have submitted it with a little haste as they forgot to include some of the template fields.....eg...

As well as the date of the letter..hmmm... They're also asking for the usual schedule of charges even though i've stated in my particulars of claim that i've submitted it to them. Will someone chuck this out of court because of this? Probably not, i know....

I phoned the branch that said they would send the cheque out and told them i hadn't received it yet, keeping shtum about the set aside and they said that the cheque is at some main branch somewhere and will be sent out today. Does anyone know what would happen if i receive the cheque and cash it with all this going on? Can i just phone cobbetts up and tell them to kiss my a*se then cancel the claim??

Despite them filing a defence, i recieved a cheque for the full amount today! I have no idea why they didn't take it to the allocation questionnaire. Weird! Cheers for your help. Donation on it's way when the cheque clears.