Won by Abbey Default + question

[hoop]

Abbey acknowledged claim and had until 1st Jan to file a defence. By 16th Jan nothing had been filed so I requested a judgement. I received letter on 24th Jan from the court saying I had WON by default and that Abbey must pay me £3,123.25 forthwith.

Yesterday we spoke to the courts because we hadn't received payment yet and were told Abbey should have sent it by now. My partner spoke to James at Abbey who said he was unaware of the default judgement but said (this is the bit I am unsure about) they will send a cheque sooner if we agree sign a letter for the courts to say that we have received payment (think it is something to do with them getting their judgement removed. Quote:' Details of this judgemeet will be entered in a public register, the Register of Judgements, Orders and Fines.' They can get this removed if they pay up within 30 days and have letter of proof ). Otherwise he said it will take longer to get our money and we will need to go to court.

Surely this isn't right. I could send in the bailiffs before then couldn't I?

Also abbey defaulted us and sold our debt to an agency. (now paid) Do you think I could ask them to remove our default as a bargaining tool against signing their letter. (I asked them to remove default in my first letter to them but chickened out when it came to putting it in the court papers ) Sorry about the essay. Any advice would be grateful .

[Guest louis wu]

Firstly, well done for the win, it gives us all a big lift when someone else beats the Abbey.

 

With regards to the default, it is important to know at what stage Abbey issued the default, was it before or after you first disputed the charges they levied upon you. If it was AFTER, the section 13.6 of the banking code says (amongst other things) that a default notice can only be put on the account if 'THE AMOUNT OWED IS NOT IN DISPUTE'.

 

I have been threatened with a default, and being passed to a DCA. This action by Abbey appears to have ended after I pointed this section of the code to them. My court date is coming up fast, and I'm hoping my full settlement comes soon.

 

Cant help on the bailiff front, but it does seem as if they have defied the courts judgement, and I am sure someone here will know the implications of that. You could try Googling 'non compliance of a court order' and see what comes up. I would suggest however, that the judge didn't put any terms and conditions on his order, and would take a very dim view on the Abbey for doing this.

 

Post some more details if you can, and I will try to be more specific, and have a quick look at the banking code to see if you can use it against them for a change.

 

Good luck

[newbody]

After 30 days the bank had not responded and so on December 10 the court ruled in Mr Purcell's favour.

It ordered RBS to pay the charges and £120 court costs. When RBS again failed to respond Mr Purcell got the court to give him a warrant of execution, allowing him to order debt collectors to reclaim items from the bank equal in value to the amount he was owed. Finally on Monday, January 8, a team of debt collectors walked into the busy Camden Town branch in North London, demanded to see the manager, showed their court order and announced that they were repossessing items.

 

from article in daily mail

 

Customer sends bailiffs in to seize bank's computers | the Daily Mail

 

i think as the judge has ruled in your favour abbey have no choice but to pay and now are saying that a default will be lodged against them if they dont pay in 30 days so they trying to hang out paying you to get you to run around and issue a letter saying they paid so they dont have a default rejistered against them. So from what i understand of what i have read on here and the news article you would be within your rights to send the baliffs in.

Abbey cant see you in court as the judge has made judgement in your favour case finished.

 

A spokesman for RBS said: "We are looking into this as a matter of urgency, but early indications suggest that unfortunately due to an administrative error, the bank failed to defend the claim leading to a default judgment being obtained on the branch and a resulting warrant.

 

 

If it were me i would send James at Shabbey a letter saying on 24th January 07 as you are aware judgement in our litigation was made by judge XXXX in my favour i would like payment to be made within 14 days or i will be seeking to have a warrant issued allowing me to execute the judgement

 

(Adjust above for more legal and better english )

i would give them 14 days then ring the courts saying abbey are saying unless i forward a letter to them saying the debt has been paid they will hold off sending me the money and have at the present not sent me the cheque and ask for the judgement to be executed or seek a warrant to excute the judgement so you can walk into the bank and sieze goods to the value of.

[pmahonc]

I would not send them any letter until they have sent you the cheque and it has cleared. Only then send them the letter. Dont forget that if you paid a cheque into the abbey they would not do anything until after it cleared. Plus it does give you more leverage in getting them to remove the default notice. Also if you did send them a letter saying they had paid they could end up not paying you and they would then have proof from you saying that they had paid.

 

Paul

[bish]

Hi Hoop,

 

Agree with those above, until you receive cleared funds no letter. For this James to ask for a letter that you have received payment when you clearly have not, is boardering on legal. He is trying to deceive the court with your help. Judgement has been made in your favour, due to abbeys ability to get anything right other than fleecing their customers. The court has said you should have received payment by now, I would contact dear James and tell him that if you have not received cleared funds within 7 days you will enforce the judgement. The default notice is unlikely to be a bargain chip here as yours was applied before you started claim and from what I read they are even more determined about these than they are giving the money back. However if the default was a direct result of the charges you have claimed back, you may be able to take legal action to have it removed, but not absolute about this. Send in the bailiffs, I would gladly pay money to see it, so let me know when and where and how much you want for a ring side seat.

 

Regards bish.

[Mad Nick]

bish,

is boardering on legal.

shurely shome mishtake ! Regards, Mad Nick

[bish]

Yes I was felling a bit ill ! and suffering from criminal intent. I would hate to pervert the course of justice. One has to be very careful in ones choice of words, as would not like to give the wrong idea. Have u been drinking Nick. Don't suppose you recorded that telephone conversation Hoop?.

 

Regards bish.