alanfromderby v Abbey - 2nd Claim - Judgement awarded

[alanfromderby]

Well done Allan, How many defences have been struck out now ?.

 

Regards bish.

 

I think this is a very good question - but does need to be qualified.

 

Clearly Abbey (and possibly other banks) are starting to miss the deadlines contained within some of the Judges orders. Many contain the line:

 

"If the Defendant fails to comply with this order, the Defence will be struck out without further order."

 

HOWEVER, it will only be struck out if you contact the court and point this out to them. They do not have time to go through every case file and keep tabs on what stage the claim has reached.

 

It is down to the claimant to remind the court that the defence has effectively ceased to exist - and to file a request for summary judgement.

 

Also be aware that the order is explicit in that the defence will be struck out. The court staff have no leeway to allow the defendant more time to file their response, and they should be able to confirm there-and-then, that the defence no longer exists.

 

Once judgement has been entered they have 14 days to pay, after which you can seek enforcement action - and, having failed to comply with the order of the case judge, it would be extremely unlikely that they would want to even contemplate trying to get judgement set-aside.

 

Imagine trying to argue that your defence should be reinstated, after failing to produce evidence to substantiate that defence, whilst at the same time still refusing to provide that same supporting evidence!!

[alanfromderby]

Such is life.....the judge did not agree the extra costs I asked for. Although after a discussion with a member of staff at the court, I am not totally convinced that he even read the application properly.

 

However, judgement was entered against Abbey on Wednesday after they had failed to comply with the judge's order to provide proof of their costs. They now have to pay me £186.41 by 9th March or I can send in the bailiffs.

 

After seeing the programme last night, I might also complain to the Banking Ombudsman about them closing my account. These organisations need to be taught that it is not wise to mess with AFD!!!

[alanfromderby]

Cheque received this morning for £186.41 with a letter asking me to withdraw my claim.

 

As their payment is in response to the judgement that was entered against them on 21st February I certainly have no intention of contacting the court. The form from the court clearly states that if they want their CCJ Register entry to be deleted they will have to contact the court with proof of payment.

 

Of course, if they had asked me to sign a receipt, and return it in a pre-paid envelope, then I would have willingly complied. I certainly have no intention of spending one more penny for the benefit of Abbey.

[JonCris]

Quite so Alan

[alanfromderby]

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