OFT case over, hows YOUR court dealing with claims

[ICY]

Following todays end to the FSA waiver staying claims how is your court dealing with your claims, are they throwing cases out, or do we still get our say in court.

 

I will be emailing some court offices tomorrow to get a response as to how they will proceed.

 

Will post up results when I get them

[ICY]

Would like to say thanks to the OFT for earning us all another 2 years worth of statutory interest

[indebtstudent]

I'm strating to wonder if the OFT is fit for purpose, what EXACTLY did thier intervention achieve?

[Josie8]

I'm strating to wonder if the OFT is fit for purpose, what EXACTLY did thier intervention achieve?

 

Two years delay for the banks ........

[ICY]

and 2 years more interest for us

[peterlucas]

The OFT seems to be there to assist banks in screwing people, much like the FSA. Well now that's over with, its on again! The banks say they won't refund a penny. OK then, well they can come on down to Bournemouth County Court to explain why charging £38 for an unauthorised overdraft is fair. And they can do the same in London, and Plymouth, and Bristol, and anywhere else there are angry customers who want their money back.

 

Don't wait for some clerk's permission, get in your applications to lift your stays now. There is no longer a reason for them.

 

If a court throws out a case, the court is in my view being negligent in failing to understand what the judgment means. If they start dismissing cases en mass, the courts become the next target.

[renegotiation]

If a court throws out a case, the court is in my view being negligent in failing to understand what the judgment means. If they start dismissing cases en mass, the courts become the next target.

 

Take one County Court to court at another County Court.

[rippedoff15]

Hi All,

 

my claim was at Chester Country Court and after waiting the judge has issued a judgement as the Halifax would not file ther defence, and refused to confirm any replies to the court request, yes we have a judgement against the Halifax but what now will they repay or just refuse we are unsure what to do next.

 

The court were helpful and confirmed in writing the judgement and the bank must repay the charges, so far the bank have refused all our requests for our charges to be refunded even with a judgement, what can we do now we are not giving up.

 

HOW DO WE ENFORCE THE JUDGEMENT !!!!!!!!!!!!!

 

any help would be great

 

cheers

[ICY]

It might be time to speak to the court and look into sending the bailiffs in.

 

Good Luck ;-)

Edited November 26, 2009 by ICY

[baconbuttyman]

Hi All,

 

my claim was at Chester Country Court and after waiting the judge has issued a judgement as the Halifax would not file ther defence, and refused to confirm any replies to the court request, yes we have a judgement against the Halifax but what now will they repay or just refuse we are unsure what to do next.

 

The court were helpful and confirmed in writing the judgement and the bank must repay the charges, so far the bank have refused all our requests for our charges to be refunded even with a judgement, what can we do now we are not giving up.

 

HOW DO WE ENFORCE THE JUDGEMENT !!!!!!!!!!!!!

 

any help would be great

 

cheers

 

 

send in the baliffs, inform your local paper and pick the busyest branch, ask the baliff if you can be notified when they are going, film it and place on you tube, i bet they pay up, whats good its only £50 to instruct the baliffs and they get that back for ya

[rippedoff15]

Hi,

 

we have just downloaded the from N323 warrent of execution, and calling into our local court in the morning, we will be asking the baliffs office to confirm when they will be visiting the local branch, can they refuse to pay the baliff even if we have got the judgement, due to the outcome of the recent test case !!!!!!

 

Lets hope they pay the baliff, and hopefully they do not try to stop the repayment.

 

cheers

[kog]

I live near Chester if the baliffs are going in could you let me know when, I would so love to be there to see that.

[em_19uk]

Good luck! Hope it turns out well for you:)

[renegotiation]

can they refuse to pay the baliff even if we have got the judgement, due to the outcome of the recent test case?

 

In theory, no.

[rippedoff15]

Hi, just got back from Chester County Courty, they have given me everything we need to action the judgement, however after reading the leaflets how to action the Warrant of Execution we can not apply for the baliffs to complete the warrant of execution if the clam s over £5,000.00 , and our claim / judgement is for £7,219.48 nc costs.

 

It now seems that even if we have judgement we still can not get the funds repaid, can anyone help us this the issues

 

cheers

[Sammythebest]

Hi All,

 

my claim was at Chester Country Court and after waiting the judge has issued a judgement as the Halifax would not file ther defence, and refused to confirm any replies to the court request, yes we have a judgement against the Halifax but what now will they repay or just refuse we are unsure what to do next.

 

The court were helpful and confirmed in writing the judgement and the bank must repay the charges, so far the bank have refused all our requests for our charges to be refunded even with a judgement, what can we do now we are not giving up.

 

HOW DO WE ENFORCE THE JUDGEMENT !!!!!!!!!!!!!

 

any help would be great

 

cheers

 

That is fantastic. Judgement issued they have CCJ against them they have to pay. Which it was me would love to turn up with the Baliffs!

[Sammythebest]

Hi, just got back from Chester County Courty, they have given me everything we need to action the judgement, however after reading the leaflets how to action the Warrant of Execution we can not apply for the baliffs to complete the warrant of execution if the clam s over £5,000.00 , and our claim / judgement is for £7,219.48 nc costs.

 

It now seems that even if we have judgement we still can not get the funds repaid, can anyone help us this the issues

 

cheers

 

I will look into it but i did not know about the £5000.00 limit. Could try an attachment of earnings. If you have a judgement they have to pay.There credit file will show a CCJ on it..well done.

[mystery1]

Enforcing Judgment

 

You cannot ask the county court to issue a warrant if the amount you want the bailiff to collect is more than £5,000, unless you are enforcing an agreement made under the Consumer Credit Act 1974. (This is because regulated agreements can only be enforced in the county court.) But you can ask the sheriff's officer (through the High Court) to try to collect the money you are owed or to remove goods. The staff at any county court will be able to tell you what you need to do.

 

 

M1

[Guest janensteve]

would it need to be a sherrif baillif ?

[Sammythebest]

would it need to be a sherrif baillif ?

 

Thing you are right.

[renegotiation]

Hi, just got back from Chester County Courty, they have given me everything we need to action the judgement, however after reading the leaflets how to action the Warrant of Execution we can not apply for the baliffs to complete the warrant of execution if the clam s over £5,000.00 , and our claim / judgement is for £7,219.48 nc costs.

 

It now seems that even if we have judgement we still can not get the funds repaid, can anyone help us this the issues

 

cheers

 

Can't you start insolvency procedures against them if they don't pay? Was this a rogue Judge or what? He's probably getting radished as we speak.

[Sammythebest]

Can't you start insolvency procedures against them if they don't pay? Was this a rogue Judge or what? He's probably getting radished as we speak.

 

Like your thinking!!! Don't think it's a rouge judge if HSBOS didnt put in a defence then you win !

[rippedoff15]

Hi, can we issue a warrant for the sum of £5k and once that has been paid issue again to collect the rest !!!!!!!!!! or should we get the high enforcement to get the full amount , how do we get a higher enforcement officer and what are the time scales

 

cheers

[renegotiation]

Like your thinking!!! Don't think it's a rouge judge if HSBOS didnt put in a defence then you win !

 

Stays aren't being lifted up and down the country though. Or are they?

[Sammythebest]

good question, this is a strange one. The precedent set in common law means no defence , we win. It only needs one case. This is quite interesting.