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Help - Halifax not filed a defence


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Can somebody help please. Halifax have until today to file a defence, I have rang the court and they still havent filed one. Today is the cut off date. I was advised that if I ring Monday afternoon and they still havent filed then I can send in a request for judgement.

 

OK, what should I do? Wait till Monday and possible file a judgement as they havent submitted a defence. They also didnt file the acknowledgement in time either, I had to ring them about it and they filed it 2 days after the cut off date. Or do i ring the Halifax's legal deparment and remind them on? Which is the best course of action to get my money quicker? What should I do for the best???

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Hiya

 

Have you had a letter back from the court Notice of Issue?

This has dates on when your claim was issued, & when it was served.

It also has a date to say the Defendant has until (date) to reply.

 

if you have,

 

on the issue letter from the court, there is a part Request for Judgement

this you can fill in part A & return back to the court.

I know by doing some reading the banks are behind on some of the claims( they must be very busy lol)

I would ring the bank up to find out what is going on, or you can just sit back & see what happens over the weekend.

Hope this helps you out a bit.

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi Angi

 

Thanks for replying. I had the acknowledgement letter from the court. I thought that today was the last day for filing their defence so I rang the court and I was told that NO they hadnt filed and that today IS the last day for them to file. She advised to ring Monday afternoon and then file for a judgement as the Halifax hasnt filed a defence.

 

Should I do this or warn the Halifax today???

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Its up to you really.

 

me being me, I would ring lol, only to see where I stand, coz I couldnt go through a weekend without knowing whats going on. But you decide for yourself ok

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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Hi, My claim is a day behind yours, judgement day being Tuesday next week. I too haven't heard from halifax. i telephoned MCOL they told me to apply for judgement on tuesday, and I can request immediate payment (that's assuming I don't hear anything between now and then! so fingers crossed.

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Hi, thanks for that, I think I will leave it and then file for a judgement on Tuesday. Will check with the courts before I do. It does seem odd how the Halifax havent responded to it.

 

It is going to kill me all weekend but I will not ring them and file a judgement. Does anybody know if they file a defence late will the judge accept it like they do for acknowledgements or will they be firm????

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Hi - you're in the same situation as me thenm Innocenti, except the Halifax did respond to the Court late. I got the letter yesterday from the Court yesterday advising that they had filed that they intended to defend but it was late. So, I guess I can now ask for immediate payment?

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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It would be good, going to ring the court on Monday to ask for their advice, somtimes they are very helpful! I just want my money now, it has been faffing around since August. There doesnt seem to be any set time with the Halifax. People who filed after us have been paid already. Some people get paid before they submit a defence. Lucky b*ggers!

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It might give you a feeling of immense satisfaction to go for a default judgement, but it will be shortlived.

 

Halifax will almost certainly file for a set aside and you will have just bought yourself delay of several weeks.

 

A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.

 

My advice would be to give more time simply because, by writing a letter, such as the one below, you wait just seven more days - if you obtain a Default Judgement you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside, which they are almost certain to do.

 

The truth is, an application to set aside Default Judgment is almost always granted as Judges prefer cases to be settled on merit, not by default.

 

 

Dear

 

Claim Number 6XX00000

 

You have not filed a defence for claim number 6XX00000 at (Town) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will enter Judgement in default.

 

Yours sincerely

 

Furthermore, if as the Claimant you become aware at any stage that the claim may not have reached the Defendent you should apply to set aside any judgment which has been made.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Still not heard from halifax or mcol. Tomorrow is judgement day. Fingers crossed.

 

Are you planning on filing for a Default Judgement tomorrow?

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I am going to ring the courts in a bit to see if they have filed then I am going to ring the Halifax when I get in from work. Like you said, if I file and then they submit a defence I would have just delayed things by a few weeks.

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The only way this works in your favour is if you file for a default judgement and a warrant of execution without Halifax actually knowing - highly unlikely in the first place.

 

The problem with obtaining a default, as I explain above is that it is not a win, it simply means that Halifax did not respond in time.

 

When they realise this, they will almost certainly file for a set aside - which requires a hearing that you should attend and where they will almost certainly be granted the set aside. The problems arise when you realise how full your Court calendar is, you could be waiting several weeks, if not longer.

 

Is that what you want?

 

Failing that, let's presume you issue a Warrant of Execution and attempt to send the Bailiffs in, the Halifax may file for a Stay of Execution in order to prevent you from serving the warrant and you get delays again - an order for a stay can be made without your knowledge and again is almost certain to be granted, in particular if the original judgement was obtained by default.

 

All this time you are wasting when you need not.

 

You want a defence, when you get a defence you know things are moving as they should - if they have missed your claim, expect big delays, not a faster payment.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I have phoned the courts and a defence has definately not been filed. But I have taken all your advice on board and I will ring the lady I spoke to about the acknowledgement. She was very nice and helpful and the Halifax acknowledged that afternoon after I spoke to her.

 

No I dont want any more delays, I just want it to be somewhere near sorted! Ah well, fingers crossed it should be sorted soon.

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Been directed here from the cag chat room - hi!

 

I've just filed judgment against Lloyds TSB, and now wonder whether I should have left more time. Two things - one annoys me, and one is feedback for the User Guide.

 

1. On the Notice of Issue it nowhere mentions the possibility of setting aside judgment, or to avoid this, to contact the defendant to remind them of the timescale. i find it frustrating that by following court procedures that the defendant can use this to their advantage. Bah!

 

2. On the User Guide here, it mentions that if the defendant doesn't reply, file judgment, job done, celebrate. Perhaps an edit should be made to include this business of setting aside and contacting the banks to remind them of the timescales before filing judgment.

 

All that being said, let's hope I get a pay up rather than a set aside!

 

fat chance lol!

 

Doryphor

Halifax: FULL REFUND

_________

Lloyds TSB: FULL REFUND

__________

HSBC Current Acct: FULL REFUND

__________

Capital One (three accounts); GE Money (Mothercare); GE Money (Burton):

Getting round to sending off first letters...!

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I will keep my fingers crossed for you aswell! I must admit that I thought that if the bank didnt file a defence you could file then like you said, party time! I didnt realise that the banks could ask for a set aside and most likely, get granted one and then set the process back to near the beginning.

 

I am just telling myself that it will all be over with soon. I hope.

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I got worried when halifax didnt file a defence. I rang their legal dept and they said they hadnt even got my claim yet!!!! They got it faxed throught to them and I asked them to ring me to tell me when they had filed a defence which they did. Got paid 4 days later.

*Hayley*;)

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BIG UPDATE -

 

Rang the legal team and they have not been sent the paperwork from the customer service team so they couldnt file a defence. He did some investigating and as it has all gone pear shaped they are not going to submit a defence but are going to pay me all my money by Friday at the latest. YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

 

The person I spoke to at the legal department was very very nice and helpful. I cant get over how nice he was..

 

So hopefully (by Friday at the latest) the money should be in my account

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good news! I hope I have a similar outcome!

Halifax: FULL REFUND

_________

Lloyds TSB: FULL REFUND

__________

HSBC Current Acct: FULL REFUND

__________

Capital One (three accounts); GE Money (Mothercare); GE Money (Burton):

Getting round to sending off first letters...!

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Excellent stuff! Hopefully similar will happen to me by the end of the week too!!!!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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Well done!

 

Nice Xmas present from Halifax!:D

HBOS Plc - £9,954.65 Received partial settlement - Court 6/12/06 default removal / compensation / declaration

MBNA - Settled in full £2,377.33

Abbey National - MoneyClaim filed 26/06/2006 £883.90

Lloyds TSB - Claim Filed 11/08/2006 £2,630.00

Egg.com - Claim Filed 11/08/2006 £1,393.60

GE Money - Claim Filed 11/08/2006 £965.22

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If anyone gets close to the judgement date and has not heard anything from HBOS then I strongly urge you to contact the legal team.

 

I have had to do this twice and twice Rachel Hinchliffe has handled it, first time the branch were served the paperwork by the courts (don't ask!!) and they didn't know what to do with it, so sat on it ..... (good move !!!!) the second time it was in the system.... however within 24hours the case was settled in full.

 

Go for it !

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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