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Help needed for a default judgment


Guest Bert52
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Guest Bert52

I issued a summons against an after market car warranty company after they had refused to honour a valid claim I made to them.

 

They had until today to file a defence after initially filing an acknowledgement of service but they have now failed to file that defence.

 

The lady on the phone told me that I can now request a default judgement against them.

 

The court opens at 10am tomorrow so I assume if I produce the tear off portion of the Notice of Issue and produce this in person at 10am then I win the case?

 

Is it a case now of my acting quickly in case they do file a defence? And what if they do file a defence just a few minutes after I request judgement?

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The case will still call - so it is important you turn up anyway as if they were going to attend. If not, it is struck out. Should it call, and they are a no-show, then you'll find the court often does the rest of the work, and sending you a copy of the judgement to empower your claim or to send in the bailiffs, as appropriate.

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Guest Bert52

Thanks for the reply but I think you may have misunderstood my post.

 

It hasn't got to the stage of a court date yet.

 

I issued a summons and the defendants replied with an Acknowledgement of Service with a further 14 days given to them to prepare a defence.

 

This they should have done by today's deadline, the 17th April, but they didn't.

 

Therefore, I guess I should go direct to the county court when it opens at 10am to file a Request For Judgment?

 

I assume therefore that I win the case as I will have requested a Judgment and they are out of time because of that?

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A deadline is only a guide, courts bend them like crazy so I wouldn't be too anxious. I'm surprised you've not been given a court date, as here in Scotland, EVERYTHING works back from this. In the case when an indication to defend is made then, then they have to appear in court (as opposed to not filing a defence and you win unopposed). Either way, you're paying the court to provide a service, so if the defence isn't filed, the court will find in your favour anyway. I have never had to prompt a judgement, it always followed a few days later in the mail.

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Hi Bert, I've always taken the form in to the court office the day after the defence was due to be filed. You need to complete the section on the right hand side near the bottom, seperating the claim from the court fee and any 8% statutory interest that you may be claiming and tick the box on the left hand side requesting payment. The court staff look on their computer to check that the defence hasn't been submitted. In which case they will take the form from you and the judge will order that judgement in default be registered. In my court - Tunbridge Wells - they get these out the same day or the day after. I know that one court I used in Bromley took up to a week to process paperwork.

Cheers

davidp

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Guest Bert52

Thanks David-most helpful. I took it to the court office first thing this morning so will await on them now.

 

I guess I scored a victory here but I wanted to shame this insurance company at a hearing-they almost drove my wife and I to a nervous breakdown.

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Although this is slightly different from a bank claim, the principle is identical. If the Defendants object to the judgment then they can apply to have it set aside. Look here for details of what can happen next and what your options are now that you have filed for a judgment in default.

 

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

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Guest Bert52

Thanks hagenuk.

 

I'm a little annoyed about this. They can't be bothered to file a defence yet they can still mess me about even after, hopefully, getting a judgment.

 

They had their chance to argue their case and it seems they will still have another anyway!:evil:

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