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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant as an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
    • I am heading over to hers tomorrow so I will find out.  Will there be something written in the agreement or does it depend on the agreement its self ? Just so I know what to look for, so I can provide as much information as possible on here. 
    • The answer to this is going to depend on what the agreement your friend signed says. Or contact the housing provider and ask them.  
    • Thank you all for the responses, to answers a few questions  - she has had the car since Jan 23 on a 5 year term.  - She is unsure what the agreement is called, but at the end she has the option to make a payment to "buy" the car - she recieves benefits for her young children alongside the ssp (normally she would be on NLW for a 16 hr a week job)  - Yes she would like to keep the car  She has not responded to the last email from them asking her to call and it'll be followed up in an email. I told her to hold off until atleast Wednesday so I can read a few posts on here and get some more information.  I will ensure she follows up with a letter, that has not been signed but instead her name written.   Thank you  
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Johndal Vs RBS


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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

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Guest BlueRuby

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 :rolleyes:

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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???

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Guest BlueRuby

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 :)

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

 

Stacy

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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"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?

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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.

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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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.

 

:)

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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!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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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...

DSCF0346.JPG

 

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??

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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.

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