novice computer user v barclays.*WON DEFENCE THOWN OUT*

[tezl]

hi, can anybody tell me what cpr part 23 is?ta.tez.

[Michael Browne]

See here:

PART 23 - GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

[tezl]

thanks.in judges directions both parties have a week from service to ask for stay or setaside.in my simple world i thought these directions were set in stone,just trying to get head around this.for new claims it might be understandable if the directions had other clauses in but for ones already served dont see how goal posts can be moved if its in writing.ta.tez.

[tezl]

are all mcol cases being stayed,even the ones with hearing dates?

[saintly_1]

No it means the new ones are not being transfered to the local courts

[tezl]

No it means the new ones are not being transfered to the local courts

thankyou very much.

[saintly_1]

As yours has been transfered it is no longer a mcol claim

[tezl]

mornin,these letters you have been receiving from banks about stays.do you think they are relying on them in some way to get out of submitting their defence as per directions,as well as hoping claimants will not turn up?.tez.

[doefar]

it looks that way

[tezl]

sorry to keep banging on about this,but for the life of me i cannot understand why this has not hit the newspapers.this could effect every case in the county courts,not just bank charges ,the way one side is being favoured by not following directions and not paying for stays.it means you cannot follow directions with confidence in any case.is martin lewis on holiday,just absolutely dumbfounded,with whats going on with the people of this countrys so called human rights.tez

[tezl]

hi, when the big case is sorted will we get our court costs back.tez

[tezl]

hi,is it still worth doing the non complianceletter for no bundle.tez

[tezl]

hi, just spoke with very nice lady at court.defence time is up.no bundle no formal application for stay.i asked about non compliance letter,she said if its paperwork you were relying on for case bring non compliance letter with you on day of hearing.i said of course i need it for my argument.then i said are you sure about bringing letter on hearing day.she dissapeared for a bit ,came back and said no sorry get it in as soon as poss so judge can look at it before day.under normal circumstances be quite optomistic but judge lottery comes into play.anyway no stay as yet.tez

[tezl]

hi,on the courts directions at the end of defences directions its got;

 

in default,the defence shall stand struck out without further order and the claimant may obtain judgement with costs by filing a request for judgement.

 

which way do i go,non compliance letter,or file for judgement.ta.tez.

[tonycee]

Hi tezl.. Great result..

 

File for judgement ASAP.

Mine took 5 days. Then i just sat back and waited to see If Bs would pay, and they did.

These will help you decide what to do.

Personally i done nothing after filing and got paid after about 20 days..

If you push for payment, it will just remind them that they can apply to have a judgement set aside..

Let us know what you decide..

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

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

Warrant of execution

[welshcakes]

Hi tezl

 

Been away for a bt so just catching up.

 

I would also be inclined to attach a copy of the original Directions highlighting the bit about default Strike Out - I know the judge should have the original directions to hand when he considers your application but...well how many of us still have confidence in claims being handled fairly and efficiently by the courts?

 

Hopefully, it will make it easy for him/her to give an instant judgement and rubber stamp your win

[tezl]

hi,jesus,in a pickle now,i had 21 days from 20.7.07. they had 14 days from then so times up.i thought it was just a waste of time following procedure now and waiting for stay in court. just going through motions.my case is due 1st week in sept.why isnt every winning who has hearing and why do you think i have.ta.tez.

[tonycee]

Hopefully, it will make it easy for him/her to give an instant judgement and rubber stamp your win

 

It wont go back before the judge.

The Judges decision has been made.

Judgements are stamped by clerks on judges order.

 

and why do you think i have.ta.tez.

 

You HAVE won.

Get yourself to court ASAP and file for judgement.

Dont try to fix something thats not broken.

[tezl]

hi,why though isnt everyone winning with hearing date?tez

[saintly_1]

Because not everyone has the same directions from the courts

[tezl]

hi,is it a form or a letter asking for judgement.ta.tez.

[tonycee]

N225. You can fill in and download from here.

 

Her Majesty's Courts Service - Home

[tezl]

Hi tezl.. Great result..

 

File for judgement ASAP.

Mine took 5 days. Then i just sat back and waited to see If Bs would pay, and they did.

These will help you decide what to do.

Personally i done nothing after filing and got paid after about 20 days..

If you push for payment, it will just remind them that they can apply to have a judgement set aside..

Let us know what you decide..

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

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

Warrant of execution

hi, my problem looks like being,if i get judgement after 5 days like you it will nearly take me to court date.i read that they get 28 days to apply setaside of judgement.if i get judgement is court cancelled?tez

[tonycee]

Tezl....

Is £3k not worth a couple of hours of your time ?.

Get your N225 in to court 10am Tuesday morning.

Explain the situation to the clerk who will explain the options.

You can discontinue claim right up to time of hearing.

You can ask for court case to be suspended subject to receipt of payment.

The ONE thing i wouldnt do, and this is only my opinion, i wouldnt speak to Bs requesting payment.

I chose to do nothing, believing they might not put 2+2 together in time to apply for setting aside of judgement.

Even when they phoned, about 20 days after judgement was entered against them, they STILL didnt know their defence had been struck out.

They DID know they had been ordered to pay the judgement though.

[tezl]

hi,was not thinkinking about contacting bs,i want to be invisible now.its the timing of it all now,if i ask for suspension of case after judgement wont this give them time to setaside and what happens if they get setaside after judgement?.like i said im not counting chickens yet,not in nature to.yes 3000 grand is worth any amount of time.i dont want to mess up now if theres a small chance of winning.cheers.tez