Court Judgement Advice needed please! :)

[Yurp_82]

Hey everyone,

 

I have a thread Yurp_82 vs Halifax and posted for some advice in that yesterday. Thought I'd do a new post as its not attracted any attention lol I entered a judgement against the Halifax as they have failed to submit any defence etc after 28 days.

 

My first question is how long do I wait before I request a warrant? I have asked for immediate payment. The judgement was issued yesterday. Is it worth me ringing the Halifax and asking what the situation is/ when I will get my money?

 

My second question is do I have any choice into which account the money gets paid into or for example if I can request a cheque? I do not want it paying into my Halifax account as it has a large overdraft. There is no option for you to request how you want to receive the money.

 

I am in a financial crisis at the moment so I am really desperate for the money thus why I am asking so many questions!

 

Thanks,

[barbershop0]

Bump, I awaiting Judgement too!

[Yurp_82]

Looks like were in the same position then!

[lmb]

Hi Yurp82 on your notice of issue what box did you tick.There was a choice abc etc.I ticked the immediate payment.It also asks if you want your money either by cheque or direct into your account.I think there were a couple of other options as well.I won on the 1st Feb and didn't get my money till tuesday!If you read my thread "Angry and frustrated" on page 3 of the threads page I have given direct line numbers and fax numbers and names for legal deartment and customer service manager.Hope this helps.

[Yurp_82]

Hi IMB,

 

Just read your post, thanks, will go and read your thread in a moment. I asked for immediate payment however dont remember having options of where I wanted money paying too... Might ring and check with moneyclaim. Is it ok for me to ring the legal department etc and chase the money up?

 

Thanks

[Jaynekul]

I got default Judgment last Wednesday. I faxed and posted it 2xs to the legal dept (numbers on lmb post) gave them to 4pm today to credit the account Im not bothering ringing them if its not there today I am going down to Court tomm AM to issue a Warrant of Execution. You do have to give them a reasonable time IMHO or they will have good grounds to set it aside

[Yurp_82]

I haven't forwarded the judgement to them as moneyclaim online do that anyway. I'm going to ring the legal department in the next half hour and ask when they are going to pay the money into my account. If I do not get a good enough answer I will file the warrant, unless that costs more money, in which cas I can't afford to!

[Glenn UK]

I would not be at all surprised to find the banks asking for a set aside and getting it unless they have exceeded the time period on the order, usually 7 days i think for making a submission.

 

having said that its common practice for any claims to be settled within 14 days of an order from the court.

 

On a personal note if i didn't receive payment i would write to the other party asking for the money and give them 14 days.

 

Then i apply for the warrant.

 

Re payment methods, if you have an outstanding debt with the bank such as an overdraft then they can use the money they owe you to offset against this. There are exceptions to this and of course it depends on whether they have demanded the OD to be settled or not.

 

However, other than that you can insist on payment by cheque and of course you don't have to wait months for it to come.

 

When i settled with Barclaycard i insisted on payment by cheque within 7 days or i would consider the agreement void and would revise the value of the claim to include additional interest and costs.

 

I received their offer the next day, returned it the same day and had the cheque the following day//

 

HTH

 

Glenn

[Yurp_82]

Hi Glenn,

 

i think it was a reply in IMB's thread where someone said if the halifax had taken us to court do we think they would write letter/make phone calls to us regarding payment or just go for the warrant? I think theyd go for the warrant. I suppose theyve had over 28 days so to me they're just stalling.

What do you think?

 

Cheers

[Glenn UK]

Yurp its you choice, my personal view is to write and say wheres my money, i did this with GE money and they never responded so i took out a warrant.

 

Then the cheque turned up the following day so now im after them for costs as is the bailiffs office.

 

I wouldnt say its mandatory and im not advocating giving them any more time than is reasonable, its what i did

 

You say they have had 28 days, is this since the date of the judgement?

 

i think you normallly get 7 days to respond to a judgement made without a hearing, if they have exceeded this time frame then i think the judgement will stand.

 

If you are within this time period i wouldnt ring them or communicate with them at all. You dont want to remidn them they have however many days to respond.

 

GLenn

[Yurp_82]

No sorry 28 days since I issued the claim. Judgement was filed on the 14th. The court has not advised how long they have to make payment but I asked for it immediately. Someone has just advised me to fax it to them and then give the till firday, If nothing happens then file a warrant on friday. Its hard to know what to do for the best. All I know is I have £17 in my account to last me untill next friday, no petrol or food in the house so am desperate!!

[Glenn UK]

Yurp

 

they have till the 21st to respond i suspect then and i absolutely wouldnt contact them (assumning the order gives them 7 days to apply)

 

If you do they will likley respond and ask for a set aside.

 

The courts dont like default judgements it isnt 'justice' in thier eyes and so they are likley to allow any application for a set aside.

 

however, if they havent responded after seven days then you can apply for a warrant of execution.

 

Its up to you, even after you get a warrant of execution they can still apply and may get a set aside.

 

it just make life harder for them.

 

Edit I understand it is customary that payments are made within 14 days of the order from a court.

 

JMHO

 

Glenn

[lmb]

Hi Yurp 82 it's great news when you hear you've succeeded in winning your court action to get your money back, but then it seems to drag on and on with actually getting the money back.No one can tell you what to do.All I can say is what happened to me and what I did.I won on the 1st Feb. and didn't get my money till the 13th Feb.I feel I was beyond reasonable with the time frame I gave the Halifax.I was promised the money would go in my account on the 12th Feb by the legal department and it didn't so I phoned and left a message on the legal advisers answer machine.Then I phoned the customer service managers line and told them that if the money was not in my account by noon I was getting a warrant of execution!Within half an hour of that call my money was put into my account!During the week of all this going on I was told Halifax didn't have any paperwork from the court.Which I find hard to believe but I faxed them all my copies of the paperwork I'd received from the court.EVERYTHING is a delaying tactic with the bank!I firmly beleive that.It's upto you on what time frame you're willing to go on.But upto now you've given them 7 days which is very reasonable.And like someone said to me on my thread if it was the other way around would the Halifax give me time to pay or would they expect an immediate payment!?

[Jaynekul]

The warrant will cost you Yurp. If you cant afford it do what LMB did & get on the blower. Say you have until 4pm today or it will be done 1st thing. They will tell you allsorts of nonsense, not recd it, are actioning it etc as a stalling tactic so youwill have to be as biligerent as they are. Think of how much you need that money when you get onto them

[barbershop0]

Hi Yurp_82,

 

I tried the legal people today and was told that they couldn't pay me because it wasn't on the spreadsheet!

 

I got judgement on 15th Feb, so I have been to Court to get a Warrant of Execution form and the lady behind the desk told me they are currently processing Warrants for the 9th Feb.

 

So a bit more work to do & waiting before I can book my holidays!!

[Jaynekul]

Which Court was that Barbershop? For the Courts at the moment that is quick. As you have got a Warrant request in it makes it so much more difficult for them to apply to have it set aside. I am going to prepare mine this PM as have no doubt whatsoever they wont be in the process of paying mine

[barbershop0]

Hi

 

Thats Dewsbury County Court

[Jaynekul]

Quite close then? After the warrant is issued they transfer them to the nearest Court to the Defendant to execute