Will banks try to get default judgements overturned?

[cakey]

After reading about the story in the sun and the bank getting the default judgement overturned, will this become the norm?

 

Will the banks simply ignore the Small Claims Track, we then apply for Judgement in default they then claim they never received the documents or whatever and simply get the judgement overturned and delay the process?

 

I know they are really not allowed to do that but well since when has a bank had to stick by doing what they are and are not allowed to!

[dave]

Actually, the ARE allowed to do this.

 

Some will (Abbey) and some won't (Lloyds).

 

Abbey, for some reason prefer to fight even though they know they are on a loser.

 

Maybe they are attempting to intimidate people into giving up.

 

That's my guess - especially since the last time they did this, they ended up paying 600% MORE than the initial claim to NOT go to a re-hearing.

 

Strange ;-)

[alanfromderby]

They said they were going to get it overturned. What they say, and what they do are usually poles apart.

[cakey]

I know they are allowed to do this, but surely they are not allowed to claim they never received paperwork, when they really did?

 

I assume there are only certain mitigating circumstances they can ask for a default judgement to be reversed?

[MondeoST24]

I assume there are only certain mitigating circumstances they can ask for a default judgement to be reversed?

 

Correct, one of them is "we didn't recieve correspondance"

 

Nobody said it was fair !

[alanfromderby]

Which is why everybody should send everything by recorded delivery.

[cakey]

Which is why everybody should send everything by recorded delivery.

 

yes but..... You can send your court documents to the court recorded delivery but the the court then send the copies to the defendent... they do not use recorded delivery.

[dave]

That's true - and it is that they would have claimed they didn't receive.

 

Abbey have done it before and they'll do it again. Prove you didn't receive something - impossible.

 

However, once they have used this tactic a fair few times - like 100% of cases that have been defaulted by them isn't enough!! - then surely the courts are going to stop them wasting their time?

 

Pathetic, isn't it?

[alanfromderby]

Can you still pay a fee to have the summons issued by a bailiff?

[file_wizzard]

In fairness the bank arguing that the claim form was not received is not an adequate defence.

 

As far as most courts / Judges are concerned, the overriding objective of any application to have a default judgment set aside will have to be that on the Balance of Probability that the defendants would have been able to adequately defend the original claim anyway

 

No court in the land will entertain an application to set aside unless there is substantial new evidence to support the defendants application, and as we all know the banks at this present time are either unable or unwilling to provided the £ note calculations to defend these claims.

 

Hence the chance of a set aside being issued is very slim indeed

[whizzkid001]

As the litigant of the current story first mentioned, yes, the fact that they have done this once too many times will be bought to the judge's attention at our set aside hearing - among other things. Using the court & the legal process frivilously, as nothing more than a mere delaying tactic, should be condemned by the judge & a contempt of court issued.

[file_wizzard]

Unfortunately you are unlikely to get a contempt, however as in this case it would appear that the defendant has quite blatantly breached the requirements of the Civil Procedure Rules, and also attempted to use the court as a political pawn then I would fully expect the original order to be stayed and a suitably judge like dressing down to be given to the defendant !

 

Best wishes with it !

[gerih]

The Bank of Scotland claimed not to have received my claim,and then said that they would normally fight any claim after judgement,but won`t this time due to costs etc.This is happening too often to be believed.

[whizzkid001]

Hi,

 

As a litigant in a case shortly going to court where the bank is trying to set aside the judgement, I'd be grateful if I could use the details of what happened in yours - although not the same bank, I intend to illustrate to the judge how the court process is being abused by banks as nothing more than a delaying tactic.

 

The info I'd need would be in the following format - all you need do is fill in the info:

 

Case no:

Litagants:

Date:

Claim against:

Amount of claim:

Details:

Result:

 

Cheers!

[Spiceskull]

As a litigant in a case shortly going to court where the bank is trying to set aside the judgement, I'd be grateful if I could use the details of what happened in yours - although not the same bank, I intend to illustrate to the judge how the court process is being abused by banks as nothing more than a delaying tactic.

Is it still planned for Tuesday? I agree that the argument that the bank is abusing the court system would only strengthen your chances...good luck...still.

[whizzkid001]

Yes, they have until 4pm Tuesday to have filed a defence. If they do, a hearing to decide whether the Judgement is set aside will be set, If they don't, my Warrant of Execution is carried out.

[cakey]

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