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

[dx100uk]

good

only my personal view

but

its for the court to delay things - not you

you could agree, but to the court.

 

i think you have them very worried here

 

again pers, i would write back and say NO!

 

should you wish to settle my claim for the full amount asked

 

by the time your defence is currently requiredby

then i will stop the court case

 

dx

[ims21]

Hi

 

I'd say that plenty of time has been allowed for investigation. This is evidenced by their "final response" letter. so I would press ahead as dx suggests.

 

If their client has issued a final response why should you allow time for a further investigation?

 

IMHO

 

ims

[Shelley181146]

good

only my personal view

but

its for the court to delay things - not you

you could agree, but to the court.

 

i think you have them very worried here

 

again pers, i would write back and say NO!

 

should you wish to settle my claim for the full amount asked

 

by the time your defence is currently requiredby

then i will stop the court case

 

dx

 

Thank you for replying dx & ims.

 

I must admit my first thought was No way, but then the nerves got the better of me because I got confused which claim I was dealing with and then I realised it was the PPI policy which they didn't pay out on when my OH was taken ill so my confidence has returned with a vengeance.

 

dx, Are you suggesting that I say something along the lines of: No to the extension and that should they wish to settle my claim for the full amount asked by the time your defence is currently required by then i will stop the court case?

 

On reviewing my correspondence with them our first letter was dated end of May and they replied early June saying 'after a full review of your account' nothing to refund as no charges applied in past 6 years and you have 6 months to refer to Ombudsman. I replied with LBA mid June and they continued to decline my claim and emphasised the use of the Ombudsman, hence the court action.

 

I am in the process of collating information required for AQ & the Court bundle in anticipation that it goes that far. It won't be a waste of time because I have 6 other claims to do. So the research will be useful.

 

Thank you both. Very appreciated.

 

Shelley

[ims21]

Hi

 

I think you need to be strong at this stage and show no sign of weakness (or your nerves). Peronally I think you have them on the back foot.

 

My suggestion is this...

 

Write and tell them that their clients have already investigated the matter and given a final response. Accordingly you see no reason why further time for investigation is needed as this process has, by their client's correspondence, been completed. You are not therefore in a position to allow further time for more investigation.

 

If, however, their clients are prepared to settle your claim in full, including court fees incurred to date, then you would be prepared to cease action.

 

Others may have an opinion of course.

 

Regards

 

ims

[dx100uk]

yep.

 

i would p'haps make it sound a wee bit more threatening.

 

i am already prepared for the case & would strongly object directly to the court should you instigate any delay.

 

then as IMS.

 

dx

[AndyOrch]

Received correspondence from a firm of solicitors acting on behalf of Citi for the N1 claim, they advise the following;

"We have filed an Acknowledgement of Service at Court and are taking our client's intructions regarding your claim. We should be grateful if you would agree to an extension of 28 days to the deadline for service of a Defence to your claim. This will allow us to investigate the circumstances of your claim. We will then be in a position to respond fully to your claim which will be in the interests of all concerned. If you agree, the deadline for filing a Defence will be xx Ooctober 2011.

We look forward to hearing from you in writing either by post or email as soon as possible."

Due to personal circumstances which I am not wanting to share across an open forum (happy to PM forum leader) am I obliged to permit this extension? What are the consequences if I refuse?

I would really appreciate assistance with this as stress levels are escalating.

Shelley

 

Hi Shelley

 

I would think very carefully before refusing request for extension as this would be detrimental to your claim and appear that you are not being reasonable.

Either party has a justifiable right to request extension under CPR15.5.They may be trying to cut a deal with their Client, for you to refuse this request

could push the DJ into their corner and side with the defendant.Your choice though.

 

Regards

 

Andy

[Shelley181146]

Here's where we are at the moment on this.

I declined their request for extension nicely explaining that their client had declined my approaches to settle on several occasions and had plenty of opportunity to investigate. They have filed an acknowledgement of service which expired 6 days ago.

If I make contact with the courts tomorrow to ask if they have filed a defence, if they haven't, can I then submit a request for Judgment?

 

Shelley

[Shelley181146]

The courts confirm that no defence has been filed so I have posted my request for Judgment today R/D. Keeping fingers crossed now

[angie3478]

good luck

[Shelley181146]

Thanks Angie.

I am hoping they have done their research and realised that I am entitled to this, shame it may be by default.

[AndyOrch]

How many of these have you got going on Shelley busy lady:wink:

 

The bank has 14 days after the claim is served to acknowledge the claim, and then they have another 14 days to put in a defence, which they usually fail to do (as they can't justify their costs). After the 28 days, if the bank still has not put forward a defence you win by default, and should request a "Judgment by Default" through the Money Claim Online web site or manually if the claim was processed through your local CC..

 

 

Good luck Shelley

 

Regards

 

Andy

[Shelley181146]

Hi Andy,

This is the one I origianlly felt most confident about but I am keeping feet firmly on the ground until I have actually received the funds.

I have three in court process at the moment and four more to follow of my own/OH. But I am also working through many more for friends and family.

It could become a paid hobby

Any idea's of timescale before I would hear the outcome of my application for default? What's the next stage from there?

Thank you for the luck. I could certainly do with some at the moment for different reasons.

 

Regards

Shelley

[AndyOrch]

You are entitled to judgment in default under Part 12 of the CPR.It is important that you request judgment immediately the 14 days have expired. If not, you are allowing the defendant(s) more time to file a late defence, which may be time consuming and expensive to resolve.

To request judgment in default you should complete either

• the bottom part of form N205A [Notice of issue (specified amount)
  
• form N225 [Request for Judgment and reply to Admission (specified amount) or
  
• form N30 [Judgment for Claimant (in default)
  

Besides asking for judgment to be entered, you need to ask the court to order the defendant to pay the judgment. Normally you should ask the court to order payment ‘forthwith’ but exceptionally, where you know the defendant has goods that would be susceptible to a warrant of execution, you may specify payment by monthly instalments in the amount you believe you may be able to recover by warrants of execution.

 

Calculate interest from the date of your claim to the date of your application for judgment and enter it on the form.

The court will usually enter judgment within 10 days of your application, though this may vary depending on the court’s workload at that particular time.

 

Ok Shelley?

 

Regards

 

Andy

[Shelley181146]

Thank you Andy.

I am expecting the paperwork to come back because although I completed as advised, I requested they pay 'immediately' but ommitted to say 'pay by what date'. I simply couldn't see the brackets where the date was supposed to be entered. How is one expected to provide a date of when payment is to be paid by when one wouldn't know the timeframe that Salford have for processing the judgment?

 

The courts still haven't received a defence so I am keeping fingers crossed.

 

Regards

Shelley

[Shelley181146]

I haven't heard anything from the courts or Salford Business Centre so I have sent an email to SBC this evening and I am going to post a further signed copy of the form N205A by R/D tomorrow and see what happens. I might also pop into the courts and seek their guidance and ask if they will contact SBC to see current state of play. Not sure what else I can do but I don't want to miss the opportunity if Citi haven't filed a defence.

 

Shelley

[Shelley181146]

I have spoken to the courts this morning and they have confirmed that judgment has been entered. I haven't received the documentation yet and as I hadn't completed the document correctly (1st time effort) I don't quite know if they will enforce or whether I have to complete more documentation to enforce it. I will wait for the documentation to arrive and take it from there.

 

If anyone has any advice to give me please feel free to contribute. I need all the help I can get please.

 

Regards

Shelley

[Shelley181146]

Confirmation now received and Defendant instructed to pay 'forthwith'.

 

Can anyone please advise what the next step is? How long should I give them to pay? Should I contact them or what?

 

Would appreciate comments especially if you have been in similar position with this organisation.

 

Regards

Shelley

[AndyOrch]

Await payment Shelly they have 28 days to act/pay if they fail then you have to execute the judgment.

 

Andy

[Shelley181146]

Await payment Shelly they have 28 days to act/pay if they fail then you have to execute the judgment.

 

Andy

 

Thanks for that Andy, much appreciated.

 

Is that 28 days from receiving written notification of Judgment or date Judgment was awarded?

 

We could certainly do with a holiday

[AndyOrch]

Awarded.

[Shelley181146]

Await payment Shelly they have 28 days to act/pay if they fail then you have to execute the judgment.

 

Andy

Hi Andy,

 

How do I go about executing the judgment please?

 

It seems that they do not want to pay up

 

Cheers

Shelley

[AndyOrch]

warrant of execution

 

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

£100

 

 

Regards

 

Andy

[Shelley181146]

I have been reading up on issuing a Warrant of Execution but I still have a few questions.

 

Should the amount I claim on the warrant be the same as the amount on the Judgment by default paperwork or can I add further interest which has accrued since? What rate of interest?

As Citi had got a solicitor involved to try to delay things where do I send the warrant to via bailiffs? The solicitors or Citi registered address? I suspect the later.

Does anyone have any experience of having to go through this process with Citi or any other financial organisation and how did you get on?

 

Apologies for all the questions but I am in unknown territory.

 

Appreciate any advice.

 

Shelley

[Shelley181146]

I have been reading up on issuing a Warrant of Execution but I still have a few questions.

 

Should the amount I claim on the warrant be the same as the amount on the Judgment by default paperwork or can I add further interest which has accrued since? What rate of interest?

As Citi had got a solicitor involved to try to delay things where do I send the warrant to via bailiffs? The solicitors or Citi registered address? I suspect the later.

Does anyone have any experience of having to go through this process with Citi or any other financial organisation and how did you get on?

 

Apologies for all the questions but I am in unknown territory.

 

Appreciate any advice.

 

Shelley

 

Andy, Are you able to help me with these points please?

 

Would appreciate your advice.

Regards

Shelley

[AndyOrch]

I have been reading up on issuing a Warrant of Execution but I still have a few questions.

 

Should the amount I claim on the warrant be the same as the amount on the Judgment by default paperwork or can I add further interest which has accrued since? What rate of interest? No interest after judgment but you can add the cost of the warrant.

As Citi had got a solicitor involved to try to delay things where do I send the warrant to via bailiffs? The solicitors or Citi registered address? Citi I suspect the later.

Does anyone have any experience of having to go through this process with Citi or any other financial organisation and how did you get on?

 

Apologies for all the questions but I am in unknown territory.

 

Appreciate any advice.

 

Shelley

 

 

Regards

Andy