I've got judgement by default - For the second time !!!**WON**

[Penfold92]

"Is it worth it" is a phrase we all think at some time I am sure given the way litigation goes in this country, BUT we all know in the end it usually is...

 

Stick at it mate,

 

Penfold

[Blossomandebony]

Can't believe I started this thread on Christmas day and I've still not been paid the judgement!!!

 

Anyway, I've delivered to the court and the defendant my part of the court order, i.e. the schedule of costs, (the same one I originally sent the cc company in September 2007!). So I just addressed it to a 'customer services manager.' I do hope it gets to the right person, wouldn't want another important document to go missing now, would I?

 

Anyway, they've got about 3 weeks to comply . . .

 

BAE

Edited May 30, 2008 by Blossomandebony

[Blossomandebony]

Have they complied or not???

 

Well, last week, I received a bundle of info from their solicitors, (FINALLY - SO THEY DO EXIST!!!) - the defence of the cc company, various statements of my account and a covering letter asking for the judge to strike out my claim as it has no chance of success! Basically, they're saying that they've already paid way above the charges and interest debited, through 'goodwill payments' they have sent for my two previous claims...

 

Well, I DON'T consider sending the above as complying with the judge's orders, which were, in a nutshell, that they must deal 'specifically' with the charges I outlined . . . they haven't.

 

Therefore, I have sent a polite letter asking the judge to strike out their defence on the grounds of non - compliance of court orders. Just to be extra - nice, I have included a further alternative Draft Direction, which states that if they don't comply with the original order within 7 days, the judgement will be awarded to the claimant.

 

Phoned the court today and they told me that everything is with the judge for consideration . . . no idea if my tactics will work but, 'in for a penny . . .'

 

BAE

[BankFodder]

If you leave off for 28 days they cant apply for a set aside.

 

(ie: they have 28 days to either cough up OR apply for a set aside.)

 

Keep schtoom.

 

No point in alerting them to their predicament now, is there?

 

I am afraid that this is not correct. Setasides can be request and obtained after much longer periods than 28 days.

 

I would normally suggest that judgment should be enforced as quickly as possible. It won't make a lot of difference as to whether a setaside will be granted or not and you may at least savour the moment. It can also give you a negotiating hand as you will be able to offer not to defend the setaside application in return for some movement in the defendant's position.

[Blossomandebony]

I am afraid that this is not correct. Setasides can be request and obtained after much longer periods than 28 days.

 

I would normally suggest that judgment should be enforced as quickly as possible. It won't make a lot of difference as to whether a setaside will be granted or not and you may at least savour the moment. It can also give you a negotiating hand as you will be able to offer not to defend the setaside application in return for some movement in the defendant's position.

 

Thanks Bankfodder.

 

As you can see from the first page of this thread there were a few different views flying about regarding when to apply for enforcement!

 

What's obvious to me now is that it made no difference that I waited the 28 days before enforcing - they still achieved the set aside, which was pretty much guaranteed.

 

However, I'm hoping that the 28 days I waited will show the judge my reasonableness, i.e. I gave the defendant plenty of time to settle their debt etc.

 

At the moment, it's a stalemate. with both sides attempting to strike out the other's claim / defence.

 

In my recent letter to the judge I asked politely that the defendant be ordered to disclose their fees. I know they won't but I'm hoping a court order will at least force them to negotiate . . .

 

BAE

[Penfold92]

Hi BAE,

 

Could you pm me a copy of what you sent as you know I am in a similar situation and will prob need to do the same...They have till tomorrow 4pm to file and serve their defence and I want something ready in either case...

 

Thanks,

 

Penfold

[Blossomandebony]

Hi, Penfold

 

Have sent you my letter and draft directions - hope you can get something from them!

 

Actually, I reckon you will stand a better chance than me to get their defence struck out; in my case I am arguing that they have not complied with a court direction properly but they will argue they have complied - but in your case, so long as they don't get their defence in by tomorrow, the defendant has definitely NOT complied.

 

At the end of the day, a letter only costs a few pence to send - it's not like you're making an official application to the court, (which costs money) - so it is worth trying!!!

 

BAE:)

[Penfold92]

absolutely mate...also I have also offered them £2k to settle rather than the judgment of £3.5K so hopefully they will see sense and settle to avoid further costs and wasting a whole load of time...but then what do we know eh?

[Blossomandebony]

Could This Be The First Ever Credit Card Company to Disclose Their True Costs in Court???

Mmm, sounds dramatic but I'm sure they'll wrangle a way out.

 

Basically, there has been a new, favourable development.

 

The court has sent me an order saying that my claim stands, (hurray!), but the defendant has to amend their defence! The judge is still not happy that they are not dealing with the charges I have listed, and wants them to do an amended defence which deals 'specifically' with the charges.

 

I'm chuffed because the judge is taking my side at the mo' and the Draft Directions I have offered the court have been used twice, now, (albeit with the judge's own wording). Plus the defendant has been given a slap on the wrist for not properly complying with the first order!

 

So, the defendant has 2 weeks to respond with the amended defence or risk the whole defence being struck out.

 

Will they disclose their true costs or not? (WHFO, I reckon!)

 

BAE

[Penfold92]

good luck BAE, Amber filled defnce as you know and today I got AQ to fill out...I will try to add in the bit about full disclosure of costs...

 

Penfold

[Blossomandebony]

Update, kind of . . .

 

No word from the legal dept of the cc company at all. I've even phoned them and they keep saying they will phone back and then don't!

 

So I decided to phone the court last week. Was told, 'No developments, your letter was passed to the judge and it's still with him'.

 

So phoned the court again yesterday and was told they will check what the delay is, as it's been 'with the judge' for 3 weeks! Court official was very helpful and said she would phone back today . . . and she did!

 

Anyway, the court have told me the file was 'misplaced' but they have found it and checked the details with the judge - he has said that the last order still stands and as the defendant has not bothered to file an amended defence, (as ordered), I can ask for judgement!!!

 

The court is sending the required form out and all I have to do is fill it in, apparently, and I will get a judgement - for the second time!

 

So things are definitely looking up, but there's no way I'll count any chickens yet as this case has stalled more times than my old Ford Cortina . . .

 

BAE

[saintly_1]

Well its a move in the right direction

 

Please keep us posted on any developments

 

 

saint

[JOSH_IOU]

;)Its certainly a move in a direction I bet your old ford cant do that to well.

 

Remember to ask for a warrant of execution afterwards.

[Blossomandebony]

Thanks, Saintly, Josh,

 

If I do get judgement, would it be worthwhile using High Court bailiffs? I used county court bailiffs when I got the original judgement.

 

Is there any evidence that High Court bailiffs are better at getting a result when it comes to corporate firms? Has anyone had experience of them?

 

Just a thought, really.

 

BAE:)

[car2403]

High Court Bailiffs have the right to force entry to business premises, County Court Bailiffs don't.

[itsamomentintime]

will the option of using high court bailiffs be available?

[car2403]

will the option of using high court bailiffs be available?

 

If the claim, once Judgment is entered, is transferred to the High Court, then yes.

 

You have to issue the Warrant of Execution in the High Court, for the High Court Enforcement Officers (High Court equivilent of a County Court Bailiff, give or take) to Execute the Warrant. Depending on the amount of the claim, the transfer to the HC will be done free, but you still need to pay the standard Court fee for issuing the Warrant. More here;

 

Marston Group

 

The free transfer service is here;

 

Breeze and Wyles, conveyancing, commercial employment and family Solicitors, Hertfordshire

 

(I'm hoping the mods don't decide this is a commercial advert, but I don't think it is - it's just a valuable bit of info on a service that anyone with Judgment should consider, especially seeing how ineffective County Court Bailiffs are against Commercial Businesses )

[Blossomandebony]

Thanks Car - sound advice as usual.

 

In a way I'm hoping that they don't pay, which will give me the chance to use the High Court bailiffs and therefore find out first hand what difference they actually make!

 

BAE

[Blossomandebony]

Just had another thought -

 

If I do get judgement awarded, can they apply for another set aside?

 

Originally I got a default judgement, which was then set aside on their application. Surely they wouldn't be able to apply for a second set aside? Anyone know?

 

BAE:)

[saintly_1]

If they do apply for a set aside again surely there would be a case of abuse of the court process ?

[Blossomandebony]

Saintly1 -

 

I'm certainly considering putting in a complaint, or a number of complaints, once this is all over.

 

Their solicitors are either incompetent or arrogant and I will be putting in a complaint about their behaviour to whoever is responsible for regulating them. (Don't believe this will have a great impact but you never know till you try . . .)

 

BAE

 

(By the way, I'm probably one of the few on here who understand what a Yicker is! )

[saintly_1]

(By the way, I'm probably one of the few on here who understand what a Yicker is! :grin:)

 

 

No I bet there is only a handful of people on here that know what one is

[Blossomandebony]

Update: Phoned the court today and they have just issued judgement for the claimant (ME!!).

 

This sounds good but I've got a feeling that the cc company who I've sued will AGAIN ask for a set aside.

 

Firstly, I will wait till the judgement comes in the post and then phone their legal dept to ask for my money. If they stall I will threaten High Court bailiffs. But if they state that they are applying for a set aside, what should I do???

 

Obviously I will object to a SECOND SA but on what basis? Has this ever happened to anyone on here???

 

Thanks, BAE

[saintly_1]

This is a first as far as I know

 

Have amended the title of your thread

[Blossomandebony]

Thanks, Saintly.

 

I did ask the court staff if it were possible for the defendant to apply for a second set aside and she said they could. But that is just one court official.

 

I've not heard of a company doing this before and nobody seems to know if it is a viable option for them. I suppose I'll find out in a day or two . . .

 

BAE