Darren vs Bank of Scotland. ** WON **

[dazzaboy2]

Well peeps,

 

Tomorrow is d-day. I've had no letter, no cheque, no deposit, no phonecall. Nada.

 

This is despite my phonecall to HBOS to tell them what was happening!

 

Judgement was served to HBOS on the 8th of Jan and still they defy the courts orders.

 

So, I have the N323 form ready to fill in to request a warrant of execution.

 

However, as the amount I am claiming is over 5k, apparently this must be done through the High Court.

 

I am unsure what I sould do no. Sould I compete the form and return it the county court who will then forward it onto a high court, or do I need to send it to a high court directly?

 

Also, does anyone know how much this is going to cost poor old skint HBOS to have the bailiffs come strutting in?

 

Thanks in advance.................

[elsinore]

From HMCS website:-

 

You can ask the county court bailiff to try to get back any amount up to £5,000. (This does not apply if you are enforcing an agreement regulated under the Consumer Credit Act 1974. These agreements can only be enforced in county courts.) You cannot ask the county court to issue a warrant for more than this, but you can transfer your judgment to the High Court. You can then ask the sheriff's officer to enforce the judgment.

 

If you decide to issue a warrant in the High Court, you will need a 'certificate of judgment'. This has details of your case and says how much you are owed. To request this you need form N293a, a 'combined certificate of judgment to enforce the judgment by a writ of fi fa' (fi fa is the name for a warrant in the High Court). You can get Form N293a (PDF 233Kb) from this website or from any county court office. When you get form N293a, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:

 

 

• the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and
  
• the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.

Please read the notes on both sides of the form.

High Court procedure is different from county courts and can be complicated and more expensive. You may want to get advice from a solicitor, law centre or Citizens Advice Bureau before you start this procedure. Some county courts are also district registries of the High Court. Staff there or at the High Court in London can tell you more about sheriffs.

 

Elsinore

[dazzaboy2]

Elsinore, thank you.

 

If only I had more weight to tip your scales with!

[dazzaboy2]

But oh my word...................

 

Another £250 to shell out. :-|

 

I pray to God I get my money back.

[elsinore]

I really don't know about this, but you might be able to add that £250 to the total amount claimed, for the HCEO to collect for you. Worth checking out.

 

Elsinore

[natwesttookmymoney]

I believe you can add the judgement costs: it's a court

cost, after all. The bailiffs tend to look after themselves!

 

Westy

[dazzaboy2]

Hi guys,

 

A bit stuck here!! I've just spoken to the court and surprise surprise, no response from BOS.

 

So it looks like I'm going ahead with the warrant of execution.

 

The lady I just spoke with at the court has given me some conflicting info!!

 

She said that I should complete an N293a form and send it to them with a £50 fee and they will issue a certificate and send it back to me.

 

I thought that they would send it onto the High Court.

 

She also said that it's normally only solicitors who do this kind of thing.........I'm kinda panicking now!!

 

So now I'm confoosed. What do I do with this certificate thing if they send it back to me? I don't know what to do with it or where to send it to lol.

 

Any advice?

[Guest Zooman]

no do not send the form back

[dazzaboy2]

Thanks for the help guys,

 

Thats my N293a form in the post now............

 

Will be interesting to see what happens.

 

I only wish I could be in HBOS head office when the bailiffs turn up!!

 

P.S Whats happened to user signatures on the forum? I can't always seem to access mine anymore to update it!

[elsinore]

Darren, did you not read Zoomans post, or has he advised you by PM?

 

Elsinore

[dazzaboy2]

Hi Elsinore,

 

I did read his post yes. I took it to mean that the court do not send the form back to me.

 

Have I picked this up wrongly? I did read the leaflets thoroughly and the form itself does seem to indicate that the court will pass it on.

 

No panic tho.........the form is sitting here, I was going to post it when I nip to the shop!!

 

Have I got confuddled?

[elsinore]

Now I'm confused, lol!

 

I read Zooman's post to mean 'Don't send it'.

 

Maybe he'll come back and clarify his meaning. If not, you could PM him and ask.

 

Elsinore

[dazzaboy2]

Hi mods,

 

Can you add me to the litigation section.

 

Better late than never......

 

Thanks........

[needrevenge]

Hi Darren,

 

your story is gripping like a good book, i'm on the edge of my seat. I cannot believe the Bank of Scotland think they are above the law!

 

I have decided to go down the same route after my wife was charged £240 in charges over the last 2 months by BoS. I will send the letters off requesting details of charges for past 6 years as soon as I get new ink cartridge for my printer and confirm our current accounts are ok at Egg & Nationwide BS (hope neither are part of HBOS group?)

 

If the baliffs are sent in, I would make sure I knew when and where because I would stand outside and laugh. I have been treated horribly by the bank and not in a too-bad financial situation they have kicked me when I have been down.

 

Your story is an inspiration, I will follow in your footsteps.

 

Craig

[Guest Zooman]

Hi, yes do not send it you have misunderstood the form, I'm just in from work I'll post back later when I've got thinking head back on.

[dazzaboy2]

*bump*

 

Any ideas Zooman or anyone else?

[dazzaboy2]

bump again.

 

Any ideas or advice guys?

 

Getting desperate now.

[elsinore]

I've just read form N293A and it appears to me to be the right one.

 

However, I know nothing of the procedure and there are some terms which I don't undertand.

 

I would certainly be wanting some confirmation that this method is correct before committing myself.

 

I sugggest you PM Zooman and ask him to explain/advise.

 

Elsinore

[smoorach]

hi dazza,

in reply to your pm, i am afraid that someone has misinformed you i am by no means an expert on this. i deal with scottish law which is quite different at times from english. however i did have a case against the bos which they failed to respond to. i had to wait til seven days after the court date then apply to the court for a decree in absence. this was done using a downloadable form from the court website which i then submitted to my local court along with all my documentation. the judge then signed this as a warrart of execution and returned it to me. this i then took along to my local sheriffs officer for them to go in and get my money. there was a wait of three days before they could execute the warrant and lo and behold the bank paid on the second day so i had to call off the dogs so to speak. lol. Now i do not know how much of this applies to the english system but zooman is very knowledgeable so i would listen to his advice. he wont send you down the wrong track and is very good at explaining things in easy to understand ways. please be aptient with people as the site is very busy. as advised i would pm zooman.

[dazzaboy2]

Thanks guys,

 

I had already pm'd zooman so hopefully he'll get back to me soon. I don't want to pester him!

 

I'm hoping to get something away on Monday to get the ball rolling so fingers crossed the picture will be clearer by then!

[dazzaboy2]

bump

[Guest Zooman]

Do you want to give me a call, if so PM me

[dazzaboy2]

Hi Zooman,

 

That would be great yes. Dunno if my pm's are working, they don't seem to be getting thru. Could you pm or email me your number?

[Guest Zooman]

got your PM mine is getting full so using here to reply to you, it will be Wednesday at the earliest as I overloaded at work this week, normanly I would say phone and take it in car, but dropped car of for MOT on Saturday and do not get it back until Wednesday and no hands free in the curiosity car.

[dazzaboy2]

tks zooman,

 

I presume that this isnt the route i should go down then.............the n293a form?

 

I'm kinda stuck now lol.