This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

I dont know everything about this "step aside" by any means....Thank Goodness. If you get tied up in it then you really should read that thread, particurly the Abeey National one. That chap really went through hell and back. Anyway, I feel that it is probably fair to say that at first we all thought that as soon as Judgement was given by default against teh defendant then we were quids in.....Well, as confirmed by my court, life is not quite so simple. The defenedant can apply for set aside, which basically means that they still want to defend, but must give a reason for not defending within the required time limits. They have used excuses like they never received the Claim and therefore were simply unable to defend or say that they didnt have enough time to do so. There probably are more excuses but I dont know what they are. I think that the set aside is either rejected or granted at a meeting (possibly with the judge) with both teh claimant and defendant present. You can both argue your points of view and the person/judge will then decide idf it can be granted or not. I think that teh idea is a good one where the defendant is a much smaller business or individual as raising funds and knowledge for such things could obviously prove difficult. I cant think of any really decent excuse for a lareg orgainsation such as a bank though. **** bags.....

There is much talk at teh moment about the banks requesting "set - aside" once the judgement has already been issued against them and a warrant is requested by the claimant. From brief chats that I have had with one of teh moderators it seems that the banks do this on a pretty much 100% basis nowadays, on teh notion that they can tell the courts that they never received teh paperwork. This practice is obviously very devious and gives me an even lower opinion of the banks in question which as far as I'm aware is all of them, as they are basically attempting to ridicule our British court system, the very thing which they use actively when someone attempts to defraud or steal monies from them. Anyway, my case did not go through this attempt at "step aside" procedure for some reason. I personally believe it's becuase I waited a full month between requesting Judgement by Default and Requesting the issue of a Warrant for my money. I feel that the bank decided that it would obviously fail in an attempt for set-aside as they woul dnot be able to convince that they had not received either teh Default Judgement or teh original claim in and had tiem to knock out a defense. Would be interested to see what other peoples points of view on this would be and hopefully we can crack down on this pathetic "step aside" issue.

Its happened, it's actually happened. Thankyou to all moderators and everyone else who inputs there comments to this site. My warrant has been fulfilled. Basically this means that the bank have sent a cheque to teh courts for the full amount. For some strange reason teh courts have to hold onto teh cheque for 2 weeks but I trust them ;-) This will make such a difference getting this money back, it really will. My donation will be made as soon as my cheque is cleared. The courts tell me that I will get the cheque on teh 2nd or 3rd of August. Whoopee !!!!!!!!!

Have received a court date now of 28th September 2006 at Birmingham.

Hi my old thread seem to have been removed for some unknown reason but never mind. Basically the situation is as follows :- Got my statements sent to me. Sent first letter requesting money back, recieved standard letter back saying no becuase they are fair. Sent second requesting my money back, received standard letter back saying no becuase the charges are fair. Claim was Issued on the 11/05/06 Judgement was Issued by Default on the 31/05/06. No response from NatWest (Defendant) so I have requiested a Warrant on the 30/06/06. Does anyone know how long it will now take before I get my money ?, they have already had teh whole of June to act but not a sausage has happened. I'm getting a little bit bored of waiting and teh interest is increasing on a daily basis. Cheers Jim

Eh !

Still no court date

Hi All its the 12th of June today and I have still heard nothing from Nat West. Has anybody any idea as to how long I wait before requesting the court to do something about it, or how long it usually takes for the bank to send the cheque ?

Judgement requested by default on 31/05/2006

O.K. thanks I will take a look.

"They said leave it blank, so i'd be interested to know if it makes any differance." Did they mean leave the whole thing blank or just dont add an extra page, if you did add "other information" I would be very interested in the sort of things you wrote.

Hi, Section G of teh Allocation Questionnaire says :- "In teh sapce below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by teh other party" Now I feel that providing my bank Statements would be useful, but also feel that seeing as barclays section 3 of Barclays defense says :- "The defendants standard terms and conditions gives teh Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings" etc etc etc , it would be a good idea for me to request that hey should provide this transparent view and breakdown of how the value of those charges are calculated. Your suggestiosn would be greatly appreciated.

And open up another account with a different bank now, this would mean that it will matter less if they do close your existing account.

Personally I wouldnt, they already know your timescale as it is stated quiet clearly in your letter. If you can jazz up your letter at all and make it a little more interesting for them they may well act slightly in your favour. I wouldnt lik eto guarantee anything though.

Kelly, forget about the interest for the time being. This can only be claimed when and if you need to take court action. You need to request the money that they have taken from you in charges and hope that they reply with a "of course you can have your money back" answer before even thinking about interest. I suggest you read teh FAQ's where all of this information is laid out in a simple step by step process.

I was filling in my form from teh Courts yesterday, as teh bank is defending the case. Does anyone have any ideas as to what extras I should request that the bank to takes to court with them or even what I should say I am going to bring with me ?

Does anyone have any ideas about what to do if they got my balance wrong on their defence ? Also, does anyone have any ideas about them letting my account go overdrawn (as it states in their defense, when my account does not allow overdrafts ? Jim

Thanks for jumping on Barclays hater, heh thats not fair I want your name ;-) I am hoping for something similiar. If so, then I already have my speech to the judge worked out. When and if it gets to this stage, win or lose, I will give the site a copy of my speech. Moderators, please dont remove Barclays Haters post becuase of thread jumping, as this will be of great use to me. Thanks in advance

No I have not received one, my claim has just been updated to say that it is defended and teh following text is shown when I go into teh deatisl of my claim :- "You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly." P.S. when and if I do get my money back I will be donating 50% of the interest to this site. I see that teh site hasnt managed to get much financial backing from us users yet, even though we all know that we wouldnt have seen any of our money at all if it wasnt for the time and effort of teh people organising this great web site. I beg anyone reading this to consider doing something similiar.

Just an update. The bank has now informed the courts that they dispute the whole claim. Looks like I will have to fill in the forms and go to court.

Sorry for not replying sooner. Its when the Bank has acknowledged the claim against them that was issued to them via teh court. Basically by acknowledging the claim, the bank gets another 14 days to file a defence before, you can request teh court to issue judgement by default against them.

Sorry just another quickie to add to my last question. Do I add what Nat west describe as "Charges 06OCT A/C (My Account Number)" This was under the date 31OCT2002. I notice that on teh 04 OCT 2002 there was Cashback of £1.42 at a Tesco store and £5.00 was withdrawn from my account, maybe thats what they are charging me for but it seems a bit odd. There are lots of similiar items, some where there seems to be no activity at all on teh given date or just normal straightforward transactions, teh 1st was for 5.65 then most of them seem to be for 6.00 but I see another in April 2003 for £20.00. They dont seem to make sense. Any assistance heer would be greatly aprreciated. Jim