Hulme v Halifax- advise required

[Hulmey14]

thank heavens for that . But i thnik they can still ask to a stay after reading some legal books. gonna execute a warrant anyway whats another £55 for a bit of fun.

[Hulmey14]

Can anyone tell me the procedure the halifax will need to take to obtain a stay of execution against a claim which has already had judgement passed.and the likelhood of this being granted???

[**Tilly**]

bump

[Hulmey14]

what does that mean tilly

[**Tilly**]

takes you back to the top so somebody will come along to help:)

[moneyhelp]

Maybe pm a mod to take a look Hulmey14.

[Hulmey14]

thanks very much people, dont no how to PM bit thick

 

 

Bumpety BUmp

[sea-sidelady]

Have a read through of this...

 

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

 

It has all the information you need.

[Hulmey14]

thanks sea side lady , i had previously read the infor you sent and know how to obtain a warrant . What i was wondering is do any of the more educated of the CAG'ers now how the banks can apply for a stay after a judgement has been passed and on what grounds . surley if the wanted to apply for a stay they should have issued a defence then applied . They seem to want it both ways and have no regard for the timescales set out by the Law courts themselves .

[Hulmey14]

if the bank has applied or a stay against a judgement and you have claimed on MCOL how will i find out?????

[Hulmey14]

Judgement received 1st August , warrant of execution instructed on the 8th August.

 

Today I find a bundle on my door step.

 

In the bundle comes a N244 application form submitted from the Halifax

 

stating: intend to apply for an order that

 

(1) the judgement entered in default against defendant on 1st August be set aside pursuant to CPR part 13.3(1)

(2) enforecemnt of the said judgement be stayed pending the hearing of this application.

 

They have also stated at the top of the form they wish the application to be heard without a hearing ???

 

but this is not agreed by both parties.

 

Then there is a notice of transfer to my local count court.

 

Im at a loss to what i do next , there are no dates on any of the forms as when the hearing will take place and how do i go about getting a hearing so i can try and stop them from lifting the judgement

 

Any help would be brilliant

[Hulmey14]

Just contacted the local county court and they havetaken upon themselves to not make a decision upon this case without a hearing . 25th October in St Helens.

 

Could any one please help as to what im to begin preparing or anything i can read to get myself ready . Fortunatley I finish work tommorrow untill the end of september so plenty of time to prepare.

[overflow]

Hi Humley

 

If you dont mind my asking was your claim for a fixed amount and did your Judgement letter have a particular date that the bank should have paid you by.

 

I ask because Ive just been granted Judgement too but mine hasnt got a date on it , (overflow v halifax).

When I rang Court to ask about it was told they had to pay up immediately.

[Hulmey14]

Hi there overflow

 

Mine was for a fixed amount £1257. Judgement was entered after the 14 days where up for them to defend (28th July). I then got judgement entered on the 1st Aug and rang them every day to see when they would be paying you have to chase this yourself your application for a judgement will read payment immediatley. Got fed up by the 8th and issued a warrant of execution.

 

had no contact with them since until i received a letter saying they are applying for the judgement to be lifted by the courts. got a court date of 25th october

 

 

In the meantime i applied to have my overdraft facility (which i dont normally use anymore) upto £1200. withdrawn £1150 last week and transffered my salary payment to another account as well as all my Direct debits and low and behold the Halifax phoned 20 minutes ago.

 

if my judgement is overturned and then a stay is appiled for instead of then defending ,i will be asking the judge to stay any action the halifax can take about getting their overdraft money back until my claim is sorted and also to not allow them to register a default. We will see.

 

If a judgement is entered they are legally required to pay up but as you know its sometimes difficult the get the debt.

 

You can issue an executuon of warrant which cost £55 but does not guarantee you get your money and thats it??

 

sorry to be the bearer of bad news if like me you thought you had it sorted seems weve just missed the boat for the shorterm.

[overflow]

Hi Humley

 

Dont think your the bearer of bad news , I am half expecting to find something like this happening to myself anyway.

 

Ive been trying to find out something about the CPR Rule 13.3(2).

 

Dont know if you have the Patricia Pearl book on Small Claims but in it Ive found this;

 

Appeals and Applications to Set Aside Judgement.

 

Judgement in Default

 

Circumstances------ No Acknowledgement or defence.

 

Complaint. ---------Judgement entered to soon or after the whole of the sum was paid in full (rule 13.2)

 

Action. ------------ Application to set aside or vary default judgement (rule13).

 

Timescale ---------- Promptly( note that the D.J. must set aside the judgement and will not impose a penalty).

 

---------------------------------------------------------------------

 

Circumstances ------Failure to file defence or acknowledgement.

 

Complaint.---------- Judgement debtor has real prospect of defending or there is other good reason why the judgement should be set aside (rule 13.3)

 

Action -------------Application to set aside or vary default judgement (rule13)

 

Timescale. --------- Promptly (note that the D.J. must set aside the judgement and will not impose a penalty).(rule13.3(2)).

 

 

I dont know if this will help you at all but heres hopeing.

Just for the record , do they state the reason for wanting to apply stay.

 

 

Regards

[overflow]

BTW I like your idea of upping O/D , dont blame you . They made things difficult for you why not do it right back at them.

[overflow]

HI Hulmey

 

Not heard anything from you. Hows the claim going?

I take it you issued a warrant then.

[Hulmey14]

could someone please help.

 

Im in court on Thursday at 11:50. The halifax have asked to get the judgement i received reversed.

 

they have sent the court papers detailing their reasons for the judgement to be lifted stating their usual story, didnt receive court papers didnt have enough time , strong argument for defence etc etc.

 

We all know they had no intention of defending and the cut off date for them to defend was one day after the OFT announcement. They have had a judgement by default issued against them and a warrant of execution. I have also withdrew all the 1000pound overdraft and placed in another account(they owed 1247). I no longer use this account as i have reverted to my parachute account.

 

I have all the letters and dates, and post office confirmation slips for everything i have sent to them.

 

What do i do when i go to court is their anything i have to write down and give to the judge or do i just speak when its my turn.

 

Im really in a panic at the moment , If the judge decides to lift the judgement will they have to put in a defence or will they realistically then apply for a stay. Can i ask the judge to put conditions on lifting the judgement , for instance they cant chase me for the 1000pounds or put anything negative on my credit file until the OFT test case or alternativley if the choose to defend(very unlikely) and win then i repay them the monies.

 

never been to court and really didnt want to get this far but ill give it a go.

 

Please help

[**Tilly**]

hi hulmey

have a look in this link it should be of some help and good luck for thursday

GOT A COURT DATE? A guide to the later stages

[Hulmey14]

Nightmare Please help

 

After forgetting all about reclaiming my bank charges and having a stay placed on the action back in October 2007 I have today recieved a court summons from Arrow Global - claiming to have bought the outstanding overdraft debt of the HBOS ?? is this allowed how can the hbos sell a debt which forms part of a claim made back in 2007 which currently has a stay on any action . Can the HBOS sell a date which is undoubtledy in dispute ?? also I have moved house since 2007 and cannot locate any of the oirginal court information from 2007 how would I get a copy of the info - it was done on MCOL but their website has now changed ?? I have to repsoned to arrow globals claim within 14 days our the will issue a judgement and after having my credit file clear for 6 years this would seriously affect me as Im in the process of buying another house - any advice would be really appreciated . Thanks worried worried worried