Been to Court Today!

[pward33]

In my experience of County Courts these times can sometimes be treated as rather flexible! I sued an ex girlfriend some years ago, she missed the deadline for acknowledgement by just one day but I still got my judgment. I have heard of other cases when the defendant has acknowleged 2 or 3 days late and claimant has had the default judgment application refused.

 

I'd suggest requesting judgment - if it's refused, it's refused, what have you lost?

[Lula]

Whats the point inhaving deadlines if they are going to be allowed to be ignored?

[pward33]

I agree. A point I made over the phone rather forcefully over the phone in my case against my ex. I had phoned the Court to ask whether judgement had been entered as per my request and was told the answer was no, as they had received an acknowledgement, albeit a day late.

 

I ranted on about, as you say, either having rules or not having them, and threatening to seek a Judicial Review in the High Court. The staff member who had the misfortune to take my call said she'd get back to me. An hour or so later she called back, saying she had spoken to one of the judges and confimed I would have my judgment! She warned me, though, that my ex, if she had good reason for being late, could apply to have the judgment set aside and would probably succeed (in the event she didn't try).

 

So, I suspect the reality might be that they have no RIGHT to take a flexible view of the rules but in fact do so to prevent courts being clogged up with applications to have judgments set aside. But that's just a hunch. Maybe you can try threatening a Judicial Review too

[Notty]

Do you think they will still go for a set aside today? They will get the request for judgment papers tomorrow which will actually be 2 days over the deadline (30 days)? Or do I live in cuckoo land and as you say the deadlines mean diddly squat! Thanks anyway. Here goes another fiver for the registered mail.

[Notty]

Can anyone tell me how long you have to wait once you have sent in the request for judgment papers? The deadline for Abbey entering their defence was Tuesday 19th September. I sent in the request for judgment on the 20th September. Nothing today. Can it just go on and on that they can apply for a set aside? Is there a time limit after the request for judgment?

[Bookworm]

A set-aside can be applied for and obtained weeks, sometimes months after the default judgment

 

(read this one: http://www.consumeractiongroup.co.uk/forum/nationwide/369-nationwide-court.html

where it worked in one of ours favour)

[Notty]

Will just have to wait and see what happens next.

[Notty]

I have just read a thread by Nightstar, who issued a warrant as soon as the default judgment was entered:

 

(Hi Karen,

It's imperative you issue a warrant without delay, they may well go for a set-aside but then they have to convince the judge:A. they have a damn good reason why they did not defend in the alloted timescale.B. they have good reason to win the case.( which we all know isnt the case, cos they are breaking the law).

So basically issue warrant,you win, they bottle it)

 

Should I do the same? I would appreciate your help on this one, or is it best to sit back and see what Abbey do next?

[Guest Confuddled]

I think give it 7 days from entering the default judgement and then issue the warrant I very much expect they will file for a set aside as soon as they recieve the judgment order, and when that happens we can help you fight it.

[Notty]

Can someone please shed some light on the default judgment and how its works. Abbey acknowledged the claim and had until the 19th September to enter a defence. They didnt. I sent the judgment back on the 21st September but I havent heard anything since. What I cant understand is, as Bookworm says, they can enter a defence months after the default judgment, how do you get the money from them? I am really confused with this and not sure what I should do next? Have I done all I should do and do I just wait to hear from the court or Abbey and how long do I wait? Any help would be appreciated.

[Notty]

bump

[Notty]

It looks as if the courts have a backlog of weeks. So if anyone thinks they will get their bank charges back from Abbey this time before Christmas, think again.

 

The deadlines are a joke. Abbey acknowledged my claim on the 6th when it states on the court paperwork the 5th was the deadline. I sent in a request for judgement but had it returned. They then had until the 20th September to defend but they didnt. I sent in request for judgement again on the 21st but as yet have not heard anything. Oh tell a lie Abbey sent me a letter today saying they were sorry I to hear that I had a complaint. This is the 3rd letter I have received from them telling me they are sorry.

 

I have just rang the court and apparently they have a back log of two weeks (my request for judgement is now 2 weeks old!) and if Abbey's defence is sitting in the pile in the cupboard they can apply for a set aside and a court hearing will be set. If my judgement gets there first they will deal with it first. What a load of b.......s.

[traceyrmj]

:9 not good eh but it goes to show how many people are claiming back their charges ( it must have increased the courts workload by half again at least) keep at it and they will eventually have to go to court and prove a test case and loose and we can all then get our dosh back with one phone call. i live in hope

[sutee50]

I too have received 3 lots of "sorry you've got a complaint"! Headless chickens springs to mind!!!

[Notty]

I accepted an offer of 50% from Abbey but on the condition that the cheque was paid to me and not into my Abbey account (which they have closed) Also the condition that my account was put back to zero as it is had over £200 in charges on it. They refused to do either so I am waiting for the court to send me the allocation questionairre. Has anyone any tips on the AQ please. I know there is a thread in the library but any other advice would be welcome.

[livelylad]

I accepted an offer of 50% from Abbey but on the condition that the cheque was paid to me and not into my Abbey account (which they have closed) Also the condition that my account was put back to zero as it is had over £200 in charges on it. They refused to do either so I am waiting for the court to send me the allocation questionairre. Has anyone any tips on the AQ please. I know there is a thread in the library but any other advice would be welcome.

 

Here is the link.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[Notty]

I have to have my AQ back by the 7th November but I am not sure what to put in the 'any other information' section. On the template letter it suggests the following for the N149 form:

 

(You should state here that you believe the case will last no longer than 1 hour.

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this....

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.)

 

 

I realise part of this is if its over £5000 but is there any part I should put in maybe about the standard disclosure?

On another thread barracad says to leave it blank HELP! (please)

[Lula]

I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.)

 

Just that bit I think will do notty

[Notty]

Thanks Lula

[Notty]

My AQ had to be in by the 7th November which it was but I havent heard anything since. How long is it before you hear from the court?

[bish]

I put mine in on 20/10/06, only got order on friday, so it can take a while depending on how busy the court is or is not. I think one of Karnevils took two months. You could ring the court just to see how things are progressing, but I would wait till the end of the month, but up to you at end of the day. I must admit I was getting a bit jittery after two weeks, you should hear soon.

 

Regards bish.

[Notty]

Thanks - will do.

[Notty]

I was offered half of my claim plus my court fee by DLA on the 10th October. I wanted my account back to 0 and the half paid to me but they refused. I was then offered £349 from Abbey (not their solicitors in October) I didnt bother replying to them. Then on the 31st October I was offered £205 (again not by their solicitor but from Milton Keynes). I received a bank statement this morning which shows £349 was paid into my account (I was £287 overdrawn which was all bank charges - 8 failed direct debits to the same company - pet insurance) The £349 obviously cleared the £287 but it also said withdrawal £017.02. As I have no access to my account as they suspended it and as I didnt know the money had been paid in I am at a loss. What the hell are they doing?

 

I am at the AQ point. Sent it in 7th November not heard anything since. What should I do about the money they have paid in? I certainly never agreed to it. Any help would be appreciated.

[jonni2bad]

If they've not contacted you about this payment and it is not a full settlement, then just proceed with the claim as normal.

[Notty]

Thanks for the reply. Should I let the court know they have paid the money into the account?