twinfly v Woolwich

[twinfly]

this is my first logging on with this ID brother-in-law (davesuecpl) has been my guide to what to do etc. over the past 6 years the woolwich has charged me £857.52 so fingures crossed will be getting it back soon along with some interest maybe

 

i've done the DPA, 1st letter, and LBA bit and so far they have only offered 50% so now we've done the moneyclaim bit. just sit back and wait for the next move.

[kfiggitt]

hello twinfly,

 

I have a thread on here as you may have read? I am claiming for £402.00 of bank penalty charges. I have been offered 50% back as well but have sent a letter today declining their offer as i want 100%.

 

I have my fingers crossed for you and i. I will keep you posted how i get on.

 

Good luck though it's not you that needs it its the bank! lol

 

K x

[twinfly]

Latest update

 

Moneyclaim issued my claim on the 19/04 and Woolwich had untill the 08/05 to reply, and guess what to my suprize they never did. so on the 9th i applied for judgement and the court issued it that day:) . wonder how long they will take to repay me. would be really nice to apply for a warrant to get the bayliffs in.

[kfiggitt]

Hi twinfly,

 

I filed my court forms on moneyclaim website today. So now i have to wait 14 days to see if Woolwich respond.

 

Also got a letter from the Woolwich today saying my complaint has been forwarded to head office as i didn't accept 50% goodwill gesture.

 

Good luck and i will keep you updated on any progress.

Fingers crossed.

 

K x

[twinfly]

what would a reasonable time to give the Woolwich to refund my charges judgement was issued on the 9th May, would love to know how long others have had to wait

[rbrears]

I assume that the judgment is for payment immediately?

 

If so send a copy to your bank and demand payment by return, failing which you will take immediate steps to enforce the judgment.

[twinfly]

Well it's been 9 days since judgement was issued and still no sign of any refund which was request for Immediate payment. so i think it's time to apply for a warrant for the Bayliffs to go in

 

WARRANT APPLIED FOR 18/05/06

[closey]

How exciting, keep us all posted.

[pandc]

Go get em!!! this is exciting stuff! I'm at the first stage but its posts like yours that give us courage to go further. Will wait in anticipation to hear the out come. GOOD FOR YOU!!

[GSMGuy]

Wonder where the bailiffs would actually go? To a local branch, or head office?

 

Mike

[twinfly]

Hi

 

had in the post this morning a letter from Money Claim saying my Judgement has been returned i have scand the letter along with the form they sent to me and put them on my website http://www.piggin-house.co.uk/judgement.htm

 

Please could a mod or anybody tell me what they want me to do with this form cos i'm lost:-|

 

i look forward to hearing your comments

[GSMGuy]

It looks like the address is or the "Woolwich PLC" part of it is incorrect - Does it maybe need to be "Barclays t/a Woolwich" or suchlike? I don't know if anyone on here has actually issued judgement against the Woolwich yet, I'll have a quick look and come back..

 

Mike

[twinfly]

i will have to ring money claim on monday to see if they can piont me in the right direction. it seems odd as this has been the same name and address i have used all the time, but when it come to paying up time there is a quiry

[Mogullen]

What a shame and at the last hurdle to. Keep us posted on this as am waiting for my statements from the woolwich to come through. And would like to see how you reslove this.

Although this might be the reason they did not pay up, if they knew all along that the address was wrong:evil:

[apollo69]

You have put Woolwich Building Society and Woolwich PLC neither of which exist anymore. The correct format I believe is The Woolwich (Branch name here), Barclays Bank PLC, Branch address.

 

HTH

[twinfly]

contacted moneyclaim and the problem was the use of the name "Woolwich Building Society". you can used "Woolwich" or "The Woolwich"

 

Was told this hicup would not effect my claim it was just to to keep all the paperwork straight.. so hopefully not too long till the warrent is served

[twinfly]

Please can you help, bearing in mind judgement was issed on the 9th May Warrent was issued on the 18th and my local court has informed me the bayliff will be going in to by branch within the week.

 

got the following letter from Barclys this morning, what should i do cos something don't seem right on the order Barclys want me to sign

 

---------------------------------------------------------------------------

I am writing to you in connection with the default Judgment which came to the attention of the bank's Litigation team yesterday.

 

I believe that you had issued a claim via the Court Online service and in the absence of a Defence, secured a default Judgment on 9 May 2006 for £l,125.13p.

 

I have made enquiries, but have so been unable to trace the Claim Form.

 

Given the question over whether the Claim Form was served correctly, I would expect to make an immediate application to the court for the default Judgment to be set aside. However, I am conscious of the time involved for all concerned, i.e. for you to attend a court hearing and the cost of pursuing the matter further. I, therefore, propose to offer to settle your claim in full subject to your agreement to:­

 

1. There being a Stay of Execution;

2. That the refund of £l,125.13p is paid direct to your Woolwich account;

3. That you consent to the default Judgment being set aside;

4. The refund of £l,125.13p is in full and final settlement of your claim entitled 6QZ 24856; 5. The terms of this offer are confidential between yourself and the Bank.

 

I trust that you understand that I am putting forward this offer of settlement to avoid the time involved in making an application to the Court to have the judgment set aside. It, therefore, does not imply any acceptance of liability on the part of the Bank.

 

I enclose a draft Consent Order setting aside the Default Judgment. Please sign and return this to me and I will arrange for it to be filed at Court. You will see that it makes reference to us filing a Defence to your claim within 14 days. This will not be necessary as we intend to pay you in full, but nevertheless needs to be mentioned in the Order.

 

Please also sign the enclosed copy of this letter confirming your agreement and return it to me at the above address. Once I have received these documents from you, I will arrange for the funds to be recredited to your account no: 000000000. I have enclosed a stamp addressed envelope for your convenience.

 

I look forward to hearing from you.

 

Keith Jeremiah Legal Executive

 

 

 

 

 

 

In the Northampton County Court

 

 

Claim no: 6 QZ 24856

 

 

District Judge:

 

 

Between:

 

Cxxxxx Xxxxx

 

Claimant

 

And

 

WOOLWICH BUILDING SOCIETY

 

Defendant

 

CONSENT ORDER

 

BY CONSENT

 

IT IS ORDERED:

 

1. The default judgment entered on 9 May 2006 be set aside forthwith;

 

2. The Defendant to serve a defence within 14 days as from the date of this order;

 

3. There be no order as to costs.

 

Dated: May 2006

 

.....................................................

 

Keith Jeremiah

Legal Executive

On behalf of the Defendant

 

Cxxxxx Xxxxxx Claimant

 

 

 

 

 

 

 

--------------------------------------------------------------------------

 

:confused:HELP:confused::confused:

[GSMGuy]

I'd sign it, excluding the confidentiality clause -as long as the figure includes all of your court costs...

 

Another victory??

 

Mike

[twinfly]

2. The Defendant to serve a defence within 14 days as from the date of this order;

i'm not happy about this statement

[Michael Browne]

I would be too. Sorry I can't offer any definite advice, but I'm glad to see you've already rejected no. 4 of his letter!

[twinfly]

Please can you help, bearing in mind judgement was issed on the 9th May Warrent was issued on the 18th and my local court has informed me the bayliff will be going in to by branch within the week.

 

got the following letter from Barclys this morning, what should i do cos something don't seem right on the order Barclys want me to sign

 

---------------------------------------------------------------------------

I am writing to you in connection with the default Judgment which came to the attention of the bank's Litigation team yesterday.

 

I believe that you had issued a claim via the Court Online service and in the absence of a Defence, secured a default Judgment on 9 May 2006 for £l,125.13p.

 

I have made enquiries, but have so been unable to trace the Claim Form.

 

Given the question over whether the Claim Form was served correctly, I would expect to make an immediate application to the court for the default Judgment to be set aside. However, I am conscious of the time involved for all concerned, i.e. for you to attend a court hearing and the cost of pursuing the matter further. I, therefore, propose to offer to settle your claim in full subject to your agreement to:­

 

1. There being a Stay of Execution;

2. That the refund of £l,125.13p is paid direct to your Woolwich account;

3. That you consent to the default Judgment being set aside;

4. The refund of £l,125.13p is in full and final settlement of your claim entitled 6QZ 24856; 5. The terms of this offer are confidential between yourself and the Bank.

 

I trust that you understand that I am putting forward this offer of settlement to avoid the time involved in making an application to the Court to have the judgment set aside. It, therefore, does not imply any acceptance of liability on the part of the Bank.

 

I enclose a draft Consent Order setting aside the Default Judgment. Please sign and return this to me and I will arrange for it to be filed at Court. You will see that it makes reference to us filing a Defence to your claim within 14 days. This will not be necessary as we intend to pay you in full, but nevertheless needs to be mentioned in the Order.

 

Please also sign the enclosed copy of this letter confirming your agreement and return it to me at the above address. Once I have received these documents from you, I will arrange for the funds to be recredited to your account no: 000000000. I have enclosed a stamp addressed envelope for your convenience.

 

I look forward to hearing from you.

 

Keith Jeremiah Legal Executive

 

 

 

 

 

 

In the Northampton County Court

 

 

Claim no: 6 QZ 24856

 

 

District Judge:

 

 

Between:

 

 

Cxxxxx Xxxxx

 

Claimant

 

And

 

WOOLWICH BUILDING SOCIETY

 

Defendant

 

CONSENT ORDER

 

BY CONSENT

 

IT IS ORDERED:

 

1. The default judgment entered on 9 May 2006 be set aside forthwith;

 

2. The Defendant to serve a defence within 14 days as from the date of this order;

 

3. There be no order as to costs.

 

Dated: May 2006

 

.....................................................

 

Keith Jeremiah

Legal Executive

On behalf of the Defendant

 

Cxxxxx Xxxxxx Claimant

 

 

 

 

 

 

 

 

 

--------------------------------------------------------------------------

 

 

:confused:HELP:confused::confused:

I can't understand why they want me to sign this it's not my fault they lost the claim and will this give them the power to appeal to the court???

[yankee_bloke]

I would write back telling them that they are now in breach of the court descision and that you want your payment made ASAP as per the court ruling.

 

If not you will report their lack of payment to the court, that has ruled in your favour.

 

They want you to waive costs ext, NO way you won fair and square, its a final trick on their part.

 

Tell them you will have no further communication with them regarding this matter while their debt to you is still outstanding and tat you will file a further complaint if they dont pay in 7 days.

 

They are chancing thier arm IMO. you have done the hard part......won in court, they know they are screwed!

[twinfly]

Please help i'm FUMING BAD with moneyclaim/court just a brief recap i had judgement on the 9th May Barclays defaulted, waited and waited for refund. Court issued a warrant costing me £55 on the 19th May and my local court was due to pay a visit in the last few days. Today as i had not heard anything i gave moneyclaim a ring only to be told Barclays have applied for STAY OF EXECUTION and i should here back from them in the next 10 days.

 

Please could someone tell me what Barclays or the court is up to ????

 

Can a court go back on it's own rules???

[Bookworm]

In short, yes.

 

You won by default. Now Barclays are saying that, for whatever reason, they didn't defend, that's why you got your default. They'll also be saying this: "If we had the opportunity to defend, (forget the fact that they had plenty of time to do so for now), we could have defended ourselves (does not mean winning! just defending).

 

Ok so far?

 

Right. Now, the judge has to look at the case and think: Given the opportunity, COULD they have put together a defence? The answer is obviously yes. Therefore, in the interest of justice, they must be given the chance to put that defence forward, therefore, I must grant the set-aside/stay of execution. Bingo.

 

Barclays are abusing the court process. The courts are doing what they're supposed to do. For everyone. It's frustrating, but it sometimes works the other way too.

 

I hope this makes things clearer, if not more palatable.

 

 

And please do not post twice the same post, I've just had to merge your threads.

.

[rbrears]

It's not an abuse of the court process or the court or the bank acting in an underhand way. The rules specifically provide for a defendant who has had default judgment entered against him to apply to set it aside. If the defendant is able to satisfy the court that the judgment should be set aside then that's what happens and let's face it the hurdle is pretty low. It's a means of setting aside a default where the issues were not properly tested and there is "some" merit in the defence.

 

It's not surprising that some of the proceedings being issued against these banks are being overlooked or misfiled. There must be thousands of claims being dealt with.

 

If my bank wrote to me after I'd got a default judgment offering to pay the claim in full in exchange for an agreement to set aside the judgment I'd sign it immeditely and get my money - after all that's what it's all about isn't it?

 

As for confidentiality - that's up to the individual. Some might feel that keeping the details confidential and getting their money now is preferable to going back to square one with a set aside and new directions about filing a defence - thus putting the claim back a month or two.