Default Judgement - help needed!

[Magsley]

I've just put in for a default judgement online against the halifax who haven't responded within 14 days of the initial judgement.

 

Has anyone had experience of this so far? I've read some threads on the Halifax and most people seem to get their money back straight into their banks before going this far. - just wondered what the proceedure now is and how long it may take.

 

Any fellow experience would be greatly appreciated.

 

Thanks

 

Mags

[Innocenti]

I have had this. Is this the acknowledgement that they havent responded to?

[hagenuk]

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.

 

Despite what you may think, you should welcome their defence, it means things are progressing as they should. Civil Law is very, well, civilised and surprises, sneak attacks and ambushes are not permitted.

 

Send that letter and await their response, you never know, they may be so embarrassed, they'll settle sooner.