Order of Judgement - Sending in bailiffs ** WON**

[hagenuk]

ACB, do you have the letter so we can take a look?

[car2]

aghh!!! i am in the same position and I just don't know how to go about this situation, I agree that we should have a special thread dedicated to this problem as we can monitor each others progress and work out the right way to go forward!

caroline

[hagenuk]

car2, what is your position and what do you need to know?

[car2]

Well, today I received a copy of the default notice they sent to the bank. it was served on 10th may. I don't know how long lloyds suppossedly have to pay or apply to the courts for a stay? Im not sure where to go from here as I have had conflicting advice.

caroline

[hagenuk]

Have you read this?

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[car2]

Thanks for that, looks like il have to wait and see. Il Give lloyds 10 days to apply for a stay, if they don't, write and ask for my money, if nothing happens-get the bailiffs involved. Iv'e seen a really good template somewhere on writing to the courts in regards to getting a stay lifted.

caroline

[hagenuk]

At the risk of hijacking this thread further, I would suggest that you do not wait another moment.

 

Write to Lloyds with the letter in that link I posted and inform them that you have judgment in default and that you will file for a warrant of execution in seven days unless you receive the full amount of your claim, plus costs and interest to date.

 

Then, make sure you file your N323 once the deadline has passed. They may file for a set aside or a stay of execution, but no matter what, if you set a deadline, then stick to it. They have had plenty of time to pay you and they have the money, do not let them delay any further.

 

You have to take charge of your claim, you must drive this forward and do what is necessary to get paid, nobody is going to do it for you, least of all Lloyds or their solicitors.

[car2]

Thank you so much for your help and advice, it's really helped alot!

 

So so sorry for hijacking your thread aircushionedballoon-please forgive me?

[AirCushionedBalloon]

Ok to clarify,

 

Hagen, that letter telling them they have 7 days, i did ages go to them, and before i actually sent off for Judgement.

 

What car2 and i both have are the copies of the judgement sent to Lloyds (correct me if i'm wrong car2). nothing more. i have no other forms or correspondence.. will i only get these forms once the 30 days are up?

 

I'm starting to think nothing will ever happen..

[AirCushionedBalloon]

I do appologise.. i will send the same letter, just stating the 7 days before i issue a warant for execution.

 

Wont they just laugh that off? My court told me they have 30 days to respond to the initial Judgement so why would they within 7 days do anythign if legally they have a bit more..

 

Sorry so confused!

[car2]

On my letter from the courts, it doesn't say how long the banks have to reply, do you think the banks know?? (i know that sounds like a stupid question lol) of course they probably do!

This whole situation is so so confusing, did your court tell you which process to follow and about set asides and so on?

caroline

[jshtr3]

Caroline, ACB The way I see it is if you write to them asking for the money and you can prove you have done this it will either prompt them to act or you will get paid. I think the judge will be less inclined to grant a set aside if he can see you have made attempts to resolve the issue and they try to file at the last minute

[hagenuk]

Getting judgment is only part of the story - you have to collect, you have to get paid.

 

I agree with what is said above, if you can show that you have done everything possible to get this resolved then the Court is less likely to grant a set aside or stay of execution, should Lloyds attempt any further delays.

 

This is why a default judgment is not always in your best interests as a claimant, as it does not mean that you have won, far from it.

[sparkle51]

Ok, I got bored and have filed for a warrant of excecution on Friday, that was 2 weeks after I had filed for a judgement by default. I am working on the principle that they wouldn't have written to me if it had been the other way round. If they now apply for a stay then the case will ahve to be transferred to Lincoln Court ( unlucky for Lloyds) so the stay stands less chance of being granted I hope.

 

Would be interesting to know how many people this is happening to now.

 

J

[AirCushionedBalloon]

indeed. hence the reason i think we need another subgroup for people like us..

[jshtr3]

Hi ACB, it would be usefull for there to be a collecting point for us, think the best way is to keep an eye on eachothers threads by subscribing and be on the lookout for others. I did think about starting a thread in the general section but I don't really know what it would achieve. Besides, come the 1st july i'll be in the country's biggest subgroup (smokers) and I don't fancy joining any more this year

[hagenuk]

Ok, I got bored and have filed for a warrant of excecution on Friday, that was 2 weeks after I had filed for a judgement by default. I am working on the principle that they wouldn't have written to me if it had been the other way round. If they now apply for a stay then the case will ahve to be transferred to Lincoln Court ( unlucky for Lloyds) so the stay stands less chance of being granted I hope.

 

Would be interesting to know how many people this is happening to now.

 

J

 

You may work on whatever principle you wish, but you should be aware that the Court will not care about your principles and if Lloyds apply to stay the warrant, you will have lost your money and it is very likely that you will have to attend a set aside hearing, which may take several months.

 

This is a game and the banks and their solicitors know the rules - you should learn them and play by them too. Had you written to them and forewarned them of your intention to file a warrant of execution, there would be less of a chance that it would get granted.

 

It may appear to be madness, to inform the defendant of your every step, before you take it, but that is the way this game is played - sneak attacks, ambushes and surprises are simply not permitted.

 

It would not be too much of a stretch to suggest that the banks are deliberately allowing default judgments and warrants of execution to be filed, only to object, have the warrant stayed and then forcing the claimants to wait for set aside hearings, that can take months and months due to the congestion now being experienced by the courts, just in the hope that people will drop out of the claims process.

 

Of course, it is equally likely that they are just utterly incompetent and have not dedicated the resource correctly and intelligently and now are caught out - but the end result for you is the same and could mean some serious delays.

[car2]

So why is it that the banks can do this to us, but if we had the bailiffs round- it's tough luck and we wave goodbye to our telly's????? It's so unjust, I don't know why they are allowed to get away with it and I don't know why the judges are not giving the banks a good telling off for wasting time!!

Sorry rant over! lol The banks just make me so angry....

caroline

[hagenuk]

The Judges are Caroline - BBC NEWS | Business | Judge warns 'unreasonable' banks

 

The point is, the courts are utterly objective and a default judgment does not mean that the court agrees with either party, merely that one of them has defaulted - and, particularly in civil litigation, the defaulting party may be permitted to rectify that default.

 

It may not seem like it, but the truth is there are many opportunities to prevent goods being seized by bailiffs should you find yourself in that unfortunate predicament.

[car2]

Luckily, I never have. I just hope that soon the banks won't be able to get away with time wasting and robbing people blind!

caroline

[hagenuk]

I do appologise.. i will send the same letter, just stating the 7 days before i issue a warant for execution.

 

Wont they just laugh that off? My court told me they have 30 days to respond to the initial Judgement so why would they within 7 days do anythign if legally they have a bit more..

 

Sorry so confused!

 

I never did actually see what they had sent you, so I am unable to comment on any specifics.

 

However, if you apply for a warrant of execution in order to enforce your judgment and in particular if the judgment was obtained by default, then there is a very good chance that the warrant will get stayed and the judgment set aside.

 

Without repeating what I have already typed, you send that letter as it is part of the game. We can predict that they may apply for a stay of execution and follow that with a application to set aside any judgment. So, in anticipation of this, we write that letter giving them seven days to pay, already knowing that in all probability that they will not. What this does is strengthen your argument should you have to attend a hearing to argue whether or not the default judgment should be set aside.

 

Send that letter and if, in seven days, you have not been paid in full, then you file your N323 and apply to enforce the judgment.

 

If your claim is over £600 (and if over £5000 then you have to) you may wish to file a writ of fieri facias, but this is more complex and expensive - however, let me know and we can advise further.

[car2]

p.s thanks for that link it was very interesting:D

[TeamD]

Seconded, at least the courts are recognising that the banks and their lawyers are playing a game and are becoming equally as frustrated as we are with their abuse of the process. Damn good link mate!

[AirCushionedBalloon]

Hi Hagen,

 

The letter i received is the same as car got, a duplicate of what is sent to the defendant telling them i've applied for judgement in defauly nothing more.

 

I keep forgetting to bring hte letter in but it doesnt say anything more than it being a copy of what i sent to the courts.. i'll try remember tonight

 

great.. i'll be sending off my letter today and will wait the 7 days. yes i'm claiming around £1200. What is writ of fieri facias?

 

over the last 6 months i have around £4/500 to claim again too out of interest.. dreading having to go over all this again.

 

Thanks again hagen.

[jshtr3]

Does it say:-

 

To the defendant

 

You have not replied to the claim form.

 

It is therefore ordered that you must pay the claimant £xxx.xx for debt (and interest to date of judgement) and £xxx.xx For costs

 

You must pay the claimant a total of £xxxx.xx by date

 

 

Warning. if you ignore this order goods may be removed and sold etc. etc.