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No defence recieved


wez1211
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I issued claim against A & L, served to them on 21/04/06. Shortly after recieved notice that they intend to defend and as of today I have not received the particulars of their defence or the so called allocation questionnaire. The allowed 28 days from date claim served in which to file defence has lapsed.

 

What do I do now?! Apply to the Court to enter judgment by default against A&L?

 

Help please...

 

Wez

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Yep ;-)

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Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Thanks Dave,

 

And the implications...I have read FAQ's and this aspect not covered. Is judgment by default what banks would generally like to avoid and therefore I am shafting them; I take I have essentially won my claim?

 

I am now concerned what should happen if they do not pay up, is there time limits for them to pay up, is it feasible that at some stage I will have to instruct bailiffs to remove property?!!

 

Wez

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If you apply for judgment and you get it, I suggest that whatever you do that you don't tell the bank that you have got it.

 

They few people have then written to the bank or telephoned them and told them that they now have a judgment.

 

You just bide your time, wait seven days, and then apply for a warrant of execution and this will instruct the bailiffs to go in and get your money. You've been through all the hard work of getting your judgment you may as well now have a little bit of fun at the bank's expense.

 

If you let the bank know in advance that you have a judgment then they may well simply trying to get the judgment set aside and cause you more work. Although if you get warrant the bank may still apply for the set-aside and least you have got them on the back foot

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Thanks Bankfodder,

 

'...try to get judgment set aside and cause you more work...' How can they do this if they have filed no defence or made an admission? Do you mean if they are aware of judgment and if they are quick they can file defence on same day which will take precedence over my entry for judgment?

 

What more work? If my assumption is correct above and defence is filed (ie judgment set aside) then surely next step is court hearing (is this the extra work?).

 

Cant understand how after Warrant of Execution judgment can be set aside - whats the point of judgment by default then!?

 

FAQ's and MCOL guides dont cover this! Help...

 

Wez

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Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Dear Whizzkid,

 

Quite a story and it seems that you are quite the celeb! Best of luck!!

 

It still bothers me though how a set aside can happen (I take it there MUST be some valid reason, i.e in your case they claimed not to have received the letter of claim).

 

Will be applying for judgment by default on Monday (28th day today and not yet elapsed) and then keep very quiet...

 

Any words of advice in the meantime...?

 

wez

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Just keep your resolve & stick to your guns! Don't let them intimitdate you!

Settled Claims:

Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06

NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06

Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06

Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06

Woolwich: £1100 Paid in full 28/2/07 + Default removed

NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

 

Current Claims:

Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07

Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

 

Refunds pending:

Capital Bank: Swift Advances: Halifax

 

Son's Refunds pending:

Abbey: HSBC

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Dear All,

 

Alliance & Leicester settled my claim the next day in full, cheque received with usual '...not an admission of liability...' and '...we will contact you regarding your account as it is clear you do not accept the terms and conditions...' They have only just saved themselves some embarrassment.

 

Off to sue HSBC now.

 

Thanks

 

Wez

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Result!! Way to go!!

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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