DR V Halifax

[DerekRoney]

Hi Dusary,

Ive read SSL's posts and I know your right that they probably will put the money into my account.However Ive never been that lucky before so Im expecting anything that can go wrong, will go wrong . Hence the reason Im asking the questions, just in case:o

[moneyhelp]

DR - we don't let anyone fail here, it's not an option

 

You will be just fine, we were all the same not so long ago so don't worry ok

[Dusary]

Hi Dusary,

However Ive never been that lucky before so Im expecting anything that can go wrong, will go wrong . Hence the reason Im asking the questions, just in case:o

 

 

I don't believe that it's a question of *luck* (though I know what you mean!).

 

It's a question of what is just, equitable and legal!

 

That's why they keep putting the dosh into our accounts!

 

Thank you for the *you-know-what"!!!

[DerekRoney]

As Im claiming using my parents address in England ( I live in Scotland), they got a phone call from the Halifax legal department on their answer machine saying the Halifax has until the 18th to submit their defence in court. I'd originally sent the seven day letter for them to pay up or I win by default as they hadnt responded in time. I suppose at least this shows they know my claim exists, not like when Ive phoned in the past and nobody can tell me anything as they couldnt find my complaint in their system.

[DerekRoney]

Well the bank have until the 18th to submit their defence in court.Still no news or any sign of my money yet. Im actually going away for a few days with the family so wont be near a pc to update.At least by the time I come back it should all be over.Lets just hope they dont submit a defence .

[DerekRoney]

Well, Im just back from a week's holiday.The bank had until the 18th to submit a defence.Ive spoken to my parents and there has been no correspondence from either the bank or the court.I will phone the court tomorrow to find out whats happenning.I wonder if this means I will have won?

[sea-sidelady]

yes you win, you can go for judgement or send the letter if you havnt already.

Check your account before you ring the court.

[DerekRoney]

Phoned the court today to check if any defence had been sent from the bank and it hasn't. The lovely lady at the court said I should file for judgement. I will send the seven day letter off tomorrow asking for payment to the bank. Ive still had no correspondence at all from the Halifax and still no cash in my account but it looks like its finally over.

 

BOS next, here I come:-D

[moneyhelp]

Keep an eye on your account - they paid mine on the last day of my 7 day letter

[DerekRoney]

The 7 day letter has expired and still heard nothing so I have applied for judgement which the court should have got today.Anybody have an idea how long I have to wait now and what happens?

[moneyhelp]

See if this helps http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

[DerekRoney]

Thanks moneyhelp

[deadlykiss]

hi Derek hows it going , have you heard anything yet

[DerekRoney]

Filed for judgement at the court,posted it last thursday but heard nothing from the court yet.Probably due to postal strikes.

However,for the first time, the Halifax did try and contact me.They phoned my parents house at 17.20 yesterday asking to speak to me. (Using parents address as im now in scotland).

My mother said I was at work and asked for a number so I could return the call but they refused and said they would catch up with me lol.

Told my mother to give them my mobile number so they can contact me directly.Heres hoping I hear something today.

[DerekRoney]

Finally heard from the court today. They wrote to to tell me that judgement was found in my favour and enclosed a copy which was sent to the bank demanding they pay me or else

 

Still no sign of any money yet.I have already sent the seven day letter for payment before seeking judgement.Do I apply to send the baliffs in now or what?

 

Guess this means Ive finally won

[sea-sidelady]

Have a read of this. It tells you exactly what you need to do now.

 

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

 

It wont be long till its in your pocket!!

[DerekRoney]

Thanks sea-sidelady How long does it normally take when you get the court to do a warrant of execution before you see your money?

[sea-sidelady]

it doesnt normally take long once judgement has been granted.

[DerekRoney]

I recieved a "Notice of Issue of a warrant" from the court on the 4th september.I hadnt heard from either the court or the bank so I phoned the court today. They told me the bank hadn't replied to their warrant and that the next step was to pass the warrant onto the county court in Halifax to organise for bailiffs to go in.

Anybody else had this experience?

[**Tilly**]

hi derek i think you might find this link helpfull and the very best of luck:D

How long before I send in Balliffs?(

[DerekRoney]

I recieved a letter from the Halifax today saying that they acknowledged I had won my claim by default, but that they were now going to apply to the court for an order to set aside judgement.Basically they want it stayed until after the OFT case is heard.I guess Im not the only one this is happening to but are the courts agreeing to this?

[stonedecroze]

Hi Derek, some courts are and some are not take a look here for a quick check Which courts are carrying on????

 

you could also ring the court to check and also advise them of the letter that you have received from Howard`s crew and see if you can oppose the application, as they have known about the "test case" since at least 28 july when it was announced and prob before as it was brought about with the agreement of the banks and the OFT. and that you feel that they have chosen to ignore their obligations to the court by failing to file the defence when it was due and are just abusing the legal system to delay payment to you that they are now legaly obliged too.

 

If this advice is incorrect I am sure that someone will be along soon to put me right, but this is the course that I would follow if I was in your situation

[stonedecroze]

thank you kind sir!!

[DerekRoney]

Hi Stonedecroze, do you know if the courts are agreeing to put aside judgement and stay them? I had alreadly had a notice of issue of warrant for this case.

I have another claim which is with the BOS that has been stayed already.

[sea-sidelady]

As the letter you recieved was from the Halifax, it is advisable to contact the court to see what is happening.