Shelley v Associates (Citi)Judgment awarded but Citi apply for S/A ***ONGOING***

[Shelley181146]

Thank you Andy. I have delivered it to the courts today and we'll see what happens.

 

Will post any response naturally.

 

Regards

Shelley

[Shelley181146]

I have spoken with my local court in the interim and they advised me to give it until today before contacting the Bailiffs in the area where the Warrant will be issued.

 

I have telephoned the switchboard of the court where the Bailiffs are based only to be told they have not yet done anything with it!!! Is this for real?

 

I don't understand the process involved and feel out of my depth here. Can someone please advise timeframes involved etc?

 

We have also received a letter from Robinson Way chasing the original debt on behalf of Capquest and I have advised that the account is in dispute and to go away. (politely of course). Should they be chasing this debt at this stage?

 

Please help.

 

Shelley

[Shelley181146]

Having been on here until almost 4am this morning researching for my various claims, I managed to get up early to phone the Bailiffs to check on how this case was progressing. Call went to answering maching and I left two messages - none have been returned so I guess the Bailiffs in London don't work on Wednesday's???

 

I am somewhat frustrated that I have won Judgment by default, submitted Execution of Warrant and no one has the courtesy in the court system to tell me what's going on.

 

What does someone have to do to get a response or update on their case?

 

End on rant...................

 

Shelley

[Shelley181146]

I have spent many hours researching this site for similar cases but not having much luck.

 

I have spoken to the bailiff today who tells me that he has written to Citi and they have requested my bank details but the bailiffs reckons that payments are usually made payable direct to the courts, processed, taking approx 14 days and then the courts refund me. Don't know how long that will take to process.

 

On a monatory claim, how are payments usually made from a defendant to claimant? Surely the defendant could write a cheque payable to the claimant for them to post, or is that too simple?

 

Can someone please give me an opinion on this matter?

[Shelley181146]

warrant of execution

 

To issue a warrant of execution (recovery of a sum of money)

£100

 

 

Regards

 

Andy

 

Andy,

Would appreciate your opinion on the recent messages on this thread please.

[Shelley181146]

I telephoned Citi today (recorded of course) to be advised that they are aware of the court action and have been asked to provide calculations for the legal department! I don't understand why they needed to do that when I have already been awarded Judgment by Default so I have sent an email to the solicitors acting on their behalf to ask why this information hasn't been forth coming. As I know he works rather late (he sent me an email at 7.30 pm) the other evening requesting copies of judgment etc, I expect to receive something today. Will obviously post accordingly.

[Shelley181146]

I telephoned Citi today (recorded of course) to be advised that they are aware of the court action and have been asked to provide calculations for the legal department! I don't understand why they needed to do that when I have already been awarded Judgment by Default so I have sent an email to the solicitors acting on their behalf to ask why this information hasn't been forth coming. As I know he works rather late (he sent me an email at 7.30 pm) the other evening requesting copies of judgment etc, I expect to receive something today. Will obviously post accordingly.

 

I have also sent an email to BBC Watchdog programme to highlight my case:)

[Shelley181146]

I have this received a reply to my email see below:

 

WITHOUT PREJUDICE SAVE AS TO COSTS

Dear Mr xxxx

xxxx -v- CitiFinancial Europe Plc

Claim No. xxxxxxx

I have now had an opportunity to discuss the position in this claim with my client and I would comment as follows.

I have recommended to CitiFinancial (“CFE”)that it should apply to the Court for an Order setting aside the Judgment entered in default on the basis that CFE has grounds upon which to defend the claim.

The sum Mr xxxx is seeking to recover comprises the premium payable in respect of his PPI policy plus interest calculated at a very high compound rate. In fact, the interest claimed forms the vast majority of the sum Mr xxxx is seeking to recover.

Aside from the merits of the claim to recover the premium in respect of the PPI policy, in my view, Mr xxxx would not recover compound interest and would not recover interest at 29% or anywhere near this rate. The rate of interest awarded by the Court is discretionary. However, bearing in mind that the Bank of England Base Rate is currently 0.5%, I would expect the Court to award interest at a rate of 6% or less.

In the event that CFE is successful in its Application to set aside Judgment, this matter would proceed as a defended claim. This would generate legal costs for CFE which CFE would prefer to avoid. Consequently, I am instructed to put forward the following offer of settlement to bring this matter to an end:

1. CFE will pay the total sum of £xxx.xx inclusive of interest and costs in full and final settlement of this claim.

2. This sum includes the premiums paid by Mr xxxx in the sum of £xxx.xx, contractual interest charged on the premiums in the sum of £xxx.xx and interest at the rate of 8% in the sum of £xxx.xx;

3. Mr xxxx will sign a Consent Order which provides that the Judgment would be set aside by consent;

4. The settlement money referred to above would be paid within 14 days of the date upon which the Court approved the Consent Order.

I should be grateful if you would let me know if you are prepared to accept these terms, failing which CFE will apply to the Court immediately to set aside the Judgment.

I look forward to hearing from you.

I do have a couple of questions on this case namely:

What's the point of sending in the bailiffs when they (bailiffs) haven't properly liaised with me or them (Citi)? I take it that this is playing the 'legal game'?

Are there any time constraints on when they can apply to 'set aside judgment'?

I am refusing this measly offer and will be researching the 'Set aside' rules but I would sincerely appreciate any comments my family of Caggers have.

Shelley

[Shelley181146]

Update - The defendant has increased their measly offer twice as I have advised them (nicely of course) that I intended to bring in the High Court Law Enforcement Officers to recover the outstanding monies from the CCJ. I declined the first (above offer) I declined the second offer because it was hardly an increase to he first but I am sleeping on the latest offer.

 

I expect to have problems getting the mony paid to me anyway once we agree on a settlement amount but I have the info available to advise them (again nicely) that they can't pay it to the DCA. And, as this is for the PPI part of the claim I still have the unfair charges to present to them. Perhaps they think I don't know how to claim those? Ha!

[Shelley181146]

Update: Having had the bailiffs invloved we have finally agreed a settlement. However, they have sent a Tomlin Order through to conclude proceedings which they have filed at court and they await its sealed return before they will release a cheque. Today, I have received a slip from the courts which says;

 

"The Debtor states that you have been paid direct and he saw the document (s) detailed below. The warrant is now considered to have been paid. Please let the court know within 14 days whether the information given to the bailiff is correct. If you do not do this, the warrant will be filed away and you may have to pay a fee if it necessary to re-issue it. The proof shown to the bailiff was as follows;"

 

There is nothing shown!!!

 

Firstly, I haven't been paid yet and probably won't be this side of Christmas and secondly, the courts that are dealing with the warrant do understand the concept of 'communication' because I struggled like hell to get them to give me an update. They'd had the warrant a month and I heard nothing unless I chased them. So i guess I will be chasing again tomorrow?

[AndyOrch]

Dont sign that until you have recieved payment Shelley.Even then dont sign it.

 

Andy

[Shelley181146]

Dont sign that until you have recieved payment Shelley.Even then dont sign it.

 

Andy

 

Forgive me for asking Andy, but why?

[AndyOrch]

I thought you had Judgment, have they set a side?

[Shelley181146]

I had judgment and sent in court bailiffs. I was just on the verge of sending in High Court Enforcement Officers and Citi caved in and they drafted up the agreed terms within a Tomlin Order.

I did make sure that I was not agreeing to the confidentiality clause first though.

 

They have said that once they get the sealed Tomlin Order back from the courts setting aside the judgment, they will send me the cheque in settlement.

 

See pm

[AndyOrch]

Does it state within the TO if payment not received by xx xxx xxxx you will have recourse to enforce the Judgment?

 

Andy

[Shelley181146]

No

[AndyOrch]

Suppose it couldn't really if you have agreed to set a side.

 

4. The settlement money referred to above would be paid within 14 days of the date upon which the Court approved the Consent Order.

 

The above inclusion is just as good anyway.

Lets hope its sorted before Xmas then Shelley.

 

Andy

 

[Shelley181146]

What was said was " The Defendant shall pay the sum of £xxxx (the settlement sum) to xxxxxxxx xxxxxxx within 14 days of the date of this sealed order".

 

Can't imagine how long the courts take to process these things if my local court is anything to go on.

[AndyOrch]

Last I heard was 4 weeks behind, keep chasing them up, would be nice to have it through in time. Insist its a priority:wink:

 

Andy

[Shelley181146]

Which court would be responsible for processing the TO? my local court becasue that is where the Judgment originated from or the court nearest the bailiffs involved? What am I thinking? It's got to be my local court. I will speak to them in the morning and jog it along.

 

Thank you Andy for dropping in and your support.

[AndyOrch]

The court that issued the judgment Shelley.

 

Andy

[Shelley181146]

I will get more sense from staff if I actually visit the court tomorrow - the counter staff are much more helpful than the telephonist.

 

I will post back here tomorrow when I hopefully have more info.

 

Thank you so much.

 

Hugs, Shelley

[Shelley181146]

The courts have confirmed receipt of the Order but have returned it to the Defendant's Solicitor as they failed to enclose the £40 fee. I guess they have done that deliberatley to frustrate, but is there anything I can do to speed things up or do I just return the compliment when I submit my next claim to them for the Unfair Charges?

[AndyOrch]

Easy oversight Shelley, not intentional Im sure!!

[noomill060]

Help is on its way, shelley. Ive alerted CAG site helpers for you.