hi well tomorrow is deadline from moneyclaim, do i but in for jugement in the morning or give them till next day so far they havent replyed i have read the threads but am still a bit confussed:confused:

It might give you a feeling of immense satisfaction to go for a default judgement, but it will be shortlived.

BOS will almost certainly file for a set aside and you will have just bought yourself delay of several weeks.

A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.

My advice would be to give more time simply because, by writing a letter, such as the one below, you wait just seven more days - if you obtain a Default Judgement you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside, which they are almost certain to do.

The truth is, an application to set aside Default Judgment is almost always granted as Judges prefer cases to be settled on merit, not by default.

Dear

 

Claim Number 6XX00000

 

You have not filed a defence for claim number 6XX00000 at (Town) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will enter Judgement in default.

 

Yours sincerely

 

Furthermore, if as the Claimant you become aware at any stage that the claim may not have reached the Defendent you should apply to set aside any judgment which has been made.

thanks for replying so quick, i will fax them the letter, do bos always do this?

Not that I am aware of. The problem you have is they are busy - very, very busy and they have no systems in place to deal with this.

Your claim has doubtless been missed, either due to incompetence, ineptitude or both.

The problems arise when you attempt to file for judgement. It will almost certainly be opposed and you will end up having to wait for a set aside hearing, which could take weeks. Then the set aside is almost always granted and you then have to wait again while they file their defence.

Despite what you may think, you should welcome their defence, it means things are progressing as they should. Civil Law is very, well, civilised and surprises, sneak attacks and ambushes are not permitted.

Send that letter and await their response, you never know, they may be so embarrassed, they'll settle sooner.

thanks i will fax them , and hopefully they will settle before xmas

:-? well sent fax, giving them another week but still not heard anything from them and they still havent but a defence in should i give them a ring ? have they done this to anyone eles ? or do i just wait

I would not wait anymore - have you called the Court and confirmed that no defence has been received?

If so, then file for a default judgement - they may still go for a set aside, but will have much less of a chance of having it granted as you have warned them.

That is not to say it will not be granted, but you have done as much as can be expected of you - now file for judgement.

thanks for replying yes i phone today and they still havent but a defence in. so i will just go for a default now

hi just checked bank and the bank has payed my charges back but into my overdraft account which i no longer have.as they took it off and made it just that i owe them money of which they still charge me intrest. i do owe them but i made arrangements to pay it back witch i have been doing . i asked for it to be payed into another account . are they allowed to do this? please help.

Yes, they are allowed to do this. It is called the right of set-off.

thanks for reply, can i refuse this ontill they give me it in the way i asked. i still havent had it in writen confermation i just checked my accounts on the internet.