judgement by default but......

[Denisea]

Hi

 

I filed MCOL and Abbey failed to acknowledge so I was given Judgement by default. I have spoken to Inga Kirkman and while she says she is willing to process the payment she says that she needs something from me which proves Judgement has been entered. I have faxed her the Notice of judgement entered which I received from the Court. This tells me that the Defendant has been informed. This apparently is not good enough. I have spoken to the Court and it seems this is all the information that I get. Does anybody have any ideas where I go from here.

 

Denise

[whizzkid001]

Typical of Abbey, arrogant and delaying to the last. I would just remind her that if they continue to delay settlement, you will take enforcement action ie bailiffs. You will get your money soon!

[Denisea]

Yes it is typical. I just haven't seen on here anything similar to this. I have emailed Inga again asking if she has managed to get the information she required from the Court and saying that if she has what she needs could she confirm how and when I will get payment. If I get no response I will inform her that I am about to call in the Baliffs. They will have to be sent twice as my claim is for almost £7500 and the limit is £5000 in one visit. Hopefully you are right and my money will appear soon!!

[Denisea]

Just spoken to Inga via email she says that the court do not know if judgement has been issued or not they haveto check!!! I phoned them and was told that it most certainly had been. She is also saying that I probably sent it to the wrong address andthat if this is the case the they will apply for the judgement to be set aside. I had already mentioned the possibilty of the Bailiffs to which her reply was that as there appeared tobe no paperwork then a Bailiff would not be able to attend. Not sure what to do next. I knew it was all going too smoothly

[PaulW922]

Denisea

 

You do not have to prove anything to Abbey. You don't have to talk to them, and I would suggest you shouldn't. If a copy of the judgement itself isn't good enough for them, what is?

 

I would suggest you immediately go back to MCOL and request a warrant of execution today - there is a small fee to pay but it is added on to what they owe you so you'll get it back. Once the court has instrcuted a bailiff it is not your problem anymore.

 

Abd don't accept a penny less than the amount on the warrant! I doubt a second visit will be necessary. In fact I doubt a first visit will be necessary, but you never know...

 

Paul

[Denisea]

What happens if I request a warrant of execution and they get a request for judgement to be set aside approved. This is what they are saying they are thinking of doing.

[whizzkid001]

I hate to say but yes, they will quite likely apply to set the judgement aside. Worst case scenario is this - http://www.consumeractiongroup.co.uk/forum/abbey-bank/3414-whizzkid-abbey-round-2-a.html

[Denisea]

Have not heard anymore from them today since I confirmed that I had but the correct address on the claim form. So I am not sure what happens now. How do you find out if they are applying for judgement to be set aside.

[PaulW922]

Which address did you use?

[Denisea]

The Triton Square address. when I was told that I may have sent it to the wrong address I asked them which address it should have gone to. Inga told me Triton Square so I confirmed that that was where I had sent it.

 

Just heard from Inga saying she will do nothing till she gets the Notice of Judgement. That was apparently sent on 19th April. So who knows!!!

[PaulW922]

You have sent her a copy of the Judgement which presumably has that address on it? I would honestly go for the warrant of execution at this point - the Abbey is not the law. It is not up to them to decide how and when to comply.

[Denisea]

I have sent a notice that judgement has been entered by fax because she says that she has not received judgement and that she can do nothing until she does.

NOt sure about bailiffs because they might apply for set aside but it is looking increasingly likely that I will do it . As you say it is not up to me to prove anything to them.

[KnellyK]

Hi Denisea

 

I'm really glad you've posted this, because Abbey haven't acknowledged my N1 either, they have til 30th to defend, but so far not a peep from them!

I thought it was only me. On a reassuring note, I used the same address that you did.

I'll be keeping a close eye on your thread!

Good Luck!

[Denisea]

Thank you. I will let you know what happens. Good Luck with yours too.

[Denisea]

Can anybody (whizz is probably the right person) tell me if the court should have sent me a copy of the judgement for claimant. They haven't I have a notice of judgement issued but Inga Kirkman tells me I should have copy of the same document as her. I have given her till the end of tomorrow to solve it her end or the bailiffs attend. Just would like to know whether I should have been sent this document.

[Isiris]

Im sorry but send in the bailiffs. You are just getting the run around

[Denisea]

I have finally decided that I will do that tomorrow. Wasn't sure but I have had enough I am certain they are stalling. So this is it. Will keep you informed.

[Isiris]

Denisea

 

If the value is over 600 but under 5000 you have the option of the High Court Bailiffs. If the amount is over £5k, YOU MUST use the High Court bailiffs. In my experience, they will collect the money on Mon/Tues morning

[Denisea]

How do I go about that it is 7500

[whizzkid001]

Bailiffs are fine in principle, but I suspect that if you do - or even if you hold fire - Abbey will regardless apply for your judgement to be set aside in due course (if they haven't already). I have seen it happen so many times now that it is almost inevitable. Yes, they are continually abusing the courts, yes they are continually delaying settlement but the fact is, if they do, they will almost certainly wait until it's been set aside before settling.

 

IMO I would hold fire for a few days, see what Abbey's intentions are and take it from there. If they do apply to set aside, you're likely to get paid quicker if you just consent to it (you'll have read what happened when I tried to fight against it!). I think going for a bailiff's warrant now may only delay payout for another few weeks longer than otherwise might be the case.

[Denisea]

They aren't saying they want to set aside at the moment. Inga sent me a copy by email of the document she says she needs. It was somebody elses with the names blocked out. Interestingly it was dated 16th April from court and marked by them payment approved 25th April. It was a default judgement and Abbey had written on it no claim received so it would appear they don't get them all set aside. I will wait a few days but if I then get nowhere I am sure you agree if they have not applied for a set aside I will have no choice but to send in Baliffs. They say they can't pay with out seeing the defence document. So we are just going round in circles. Thank you for your advice. I did read your thread with horror!!!

What has happened with the second claim it stopped at 12th April.

[Isiris]

Bailiffs are fine in principle, but I suspect that if you do - or even if you hold fire - Abbey will regardless apply for your judgement to be set aside in due course (if they haven't already). I have seen it happen so many times now that it is almost inevitable. Yes, they are continually abusing the courts, yes they are continually delaying settlement but the fact is, if they do, they will almost certainly wait until it's been set aside before settling.

 

IMO I would hold fire for a few days, see what Abbey's intentions are and take it from there. If they do apply to set aside, you're likely to get paid quicker if you just consent to it (you'll have read what happened when I tried to fight against it!). I think going for a bailiff's warrant now may only delay payout for another few weeks longer than otherwise might be the case.

 

 

Right so they apply to have the judgement set aside. Remember you are in a powerfull position as you do have the judgement. There would have to be a hearing at which you can be legally represented AND THE COSTS ARE PAYABLE BY THE DEFENDANT EVEN IF THE SET ASIDE IS NOT GRANTED. So they would encounter more costs. You would argue that the defendant has repeatedly settled cases that they have indicated that they intend to defend just days before the court date, the defendant was aware of the claim as they have acknowledge it (So non receipt of summons isnt an arguement.) and yes while it will take time, the interest is still adding.

 

I might be wrong on this but BUT it would have to be set aside in a high court, wont think you will get them in there (But I will stand corrected)

[Denisea]

They didn't acknowledge my claim so I can't claim that they did know about it. Although there have been hundreds sent to the same address so they must have had it but that isn't real proof. I will see what tomorrow brings....

[Isiris]

They didn't acknowledge my claim so I can't claim that they did know about it. Although there have been hundreds sent to the same address so they must have had it but that isn't real proof. I will see what tomorrow brings....

 

I appologies denisea. I am also subscribed to another Abbey thread where they have.

 

Even so, they have been made aware of this for some time now and you are in constant comunicade with them. If they REALLY wanted to see the Judgement or any required docs, they just need to ask the court to DX them to them

[Denisea]

So is there someone else who has had a judgement and Abbey say they haven't had the paperwork from the court .(there are probably quite a few my guess they just have so much post on the matter they just haven't got to it yet!!) I might be being thick and if so I apologise but what is DX.