judgement by default

[ross1976]

I started a money claim against abbey national and they have not ackowledged or responded to the claim.

Yesterday i issued a judement by default does this mean that abbey have not follwed the rules in the bank waiver where they must ackowledge all claims.

 

I suppose my question is now i have issued a judgement by default what happens next.

[Blossomandebony]

Hi,

 

If this is a claim for bank charges it is unusual that it has not been automatically stayed.

 

What will probably happen is that Abbey will apply for a hearing to Set Aside (suspend) the judgement because of the test case.

 

You can wait till this happens or apply for a Warrant of Execution to enforce the judgement through bailiffs. To apply for a WOE costs £55 I think and will probably be fruitless, but may give you a brief feeling of satisfaction!!!

 

BAE

[ross1976]

please escuse my ignorance but surely if the bank does not acknowledged the claim then have have broken the rules of the FSA waiver.

Which states that all claims must be akcnowledged by the defendent...in this case they have not done so should the claim go through the normal channels.

Edited September 10, 2008 by ross1976
spelling

[Blossomandebony]

please escuse my ignorance but surely if the bank does not acknowledged the claim then have have broken the rules of the FSA waiver.

 

It's not unusual for banks to ignore court claims or lose them in the midsts of their massive and incompetent network of departments, hence a lot of claims go through to the default judgement stage.

 

Usually, though, the court you put the claim in with would realise from the POC that this was a claim for bank charges and automatically stay it . . . it seems that whichever court you used have missed this fact.

 

BAE

[Michael Browne]

Usually, though, the court you put the claim in with would realise from the POC that this was a claim for bank charges and automatically stay it . . . it seems that whichever court you used have missed this fact.

 

The court will not stay the claim until the defendant has acknowledged the claim, which Abbey have not done, and therefore the court have allowed a judgement by default

[ross1976]

Thank you for the info

I phoned the court today and the Judegment went through because Abbey have not acknowleged the claim. thank you for the correct info Micheal.

I will now have to issue a warrant of execution will let you know what happens.

 

Regards

Ross

[The GodMother]

oh its one of those video camera moments.