Jump to content


judgment by default


DietCoke
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5220 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

HSBC had until yesterday to submit their defence and they have not so this morning I have applied for judgment by default MCOL has let me do it today.

 

So is that it or can they still submit their defence? Im scared nothing is that simple! But ill be annoyed now if they are still allowed to defend late.

Link to post
Share on other sites

Unfortunately, I was in the same situation as you with three of my claims.

 

HSBC were late getting there defence in - but still managed to sneak it in and have it accepted.

 

Abbey were also late - and whereas I have judgement by default already awarded, I'm expecting Abbey to file for a stay to delay the payment further.

 

 

Truth is, you don't know where it's going to go until it happens and you have the cash in your hand.

 

Phone the courts up if you can and speak to the clerks, they're friendly and helpful and they will let you know if HSBC have managed to get paperwork in by the back door at the 11th hour.

 

If they haven't, apply for judgement anyway - because until the courts process your request for judgement, they may still accept incoming paperwork from the defendant.

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

Link to post
Share on other sites

hi you need to check with mcol that a defence hasnt been submitted, and if it has find out the exact time.The reason for this is my defence was due mon i spoke to d&G in the morning and they advised me that they didnt have to put in a defence by that day because the court always allowed them more time,REALLY i thought so i contacted mcol and told them of thisand they were disgusted to hear that mcol were acting in this manner and advised that they either have to have their defence in or an application for more time but it has to be before the date you have been given.

Link to post
Share on other sites

OK before I crack open some wine heres an update.

 

I applied this morning for a judgement by default as MCOL was not showing a defence (yesterday was their deadline)

 

It said submitted I think on my MCOL.

 

Anyway I rang them as suggested and asked them had HSBC in fact submitted a defence. The very nice lady told me there was a block on the account and my application would probably be rejected by the system. She told me that as there was a block it suggested that there was indeed a defence but it was not showing anywhere.

 

Anyway she asked me if I had been in communications with the solicitors and I told her no I had forwarded the court a copy of the charges etc etc but not HSBCs solicitors and other than them acknowledging the claim I saying they are defending the lot I have had no communications with them.

 

She then told me she would remove the block and my application should go through the only snag would be if they defended in the 11th hour (whatever that is) and if they did submit a defence they would have to allow it.

 

I have a couple of questions really.

 

I have checked MCOL tonight and the status has now changed in the claim box it still says acknowledged by the bank on 3 may. But.....

 

The Judgement box now has changed and says issued when i click it, it says....

 

Your judgment request has been accepted. The order has been sent to the Defendant.

 

 

Does this now mean I have won? Can HSBC still come in at the 11th hour? I have butterflies it does not appear that this happens much they usually submit a defence and I dont want to get my hopes up.

 

What do you think?

Link to post
Share on other sites

yes, unfortunately - the courts regularly give them an extra week - and they very, very rarely don't get it in within that time period.

 

so, give it a couple of days then ring the court again to see if they have filed their defence.

 

if they have - fine, just send them a copy of your breakdown as i don't think you've done that yet - address is on page 2 of your acknowledgement. and then it's a matter of waiting to see wht your local court tells you to do next -

 

you might like to read post 1 on either of the aq threads in my signature - they will help you with what goes on during this next time period.

 

i'd be very pleasantly surprised if they don't get their defence in.

never mind - you'll still win - it just takes longer.

Link to post
Share on other sites

I have just rang MCOL again and asked them if the judgement has all gone through and they told me yes and its now too late for HSBC to defend so it looks like I have won?

 

How long til I get my dosh? hehehe

Link to post
Share on other sites

I am very disturbed to read 'the Courts regularly give DG an extra week' to file their defence. What therefore is the point of a deadline? Secondly and most importantly, if the 'boot was on the other foot' would the 'man in the street' get another week. I think not. This seems to me a VERY clear case of 'Abuse of Process' with the Courts 'aiding and abetting'.:rolleyes: I suggest 2 things:

Reading of the 'Aid, Abet, Counsel and Procure' legislation - makes VERY interesting reading, and if as has been suggested elsewhere the Banks are breaking the Criminal Law, why has no action been taken by the Police yet? Or is it the case that when Mr X goes to his local police station they just file his complaint in the 'to be done - maybe sometime?' file. I'm in the situation where HSBC via DG filed on the very last day...delaying still further me getting back MY MONEY!!:mad:

KEEP BATTLING - NEVER GIVE UP - BEST WISHES TO ALL.:)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

Link to post
Share on other sites

i hear what you are saying but i look at it this way - perhaps it's the court giving the defendent extra time (admittedly i always take a middle ground) and looking at it that way makes it seem almost fair.

 

diet c, i'll be interested to know how long before they cough up - let us know - i'd keep in touch w ith the courts to see if you need to do anything. keep posting.

Link to post
Share on other sites

How can giving the defendants extra time seem fair? Surely they've had more than enough time? 8 weeks at least!:mad: Why should the Court abuse the system in this way? :mad: Would the Court let the man in the street have more time? ANSWER NO!:(

 

I am just about at the end of my tether with Banks being treated preferentially in this way by the Establishment. If everyone stayed in credit and no-one ever borrowed what use would banks be? :rolleyes: I feel better now...nothing like a bit of a rant!!

 

SINCERE GOOD WISHES TO ALL....:) ...LET'S BE CAREFUL OUT THERE! :cool:

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

Link to post
Share on other sites

i really do understand your point but do you understand mine.

don't misunderstand, i think the banking business is a big money making racket - but in this instance, legally speaking - we are the claimants - and they are the defendents. this may mean nothing but it just makes me think that if they were the claimants and we were the defendents - maybe the court would give us a bit of extra time on our end of things.

i may be totally wrong -

but to think that the banks are getting extra time from the courts seems a tad paranoid to me; so i prefer to think that the courts are allowing a little leeway to the defendents.

Link to post
Share on other sites

Just to let you all know my MCOL is STILL showing only as acknowledged!!!! and my judgment is still showing as accepted.

 

And I have had confirmation via post today that my judgment has been entered whohoooooo.

 

Do you think I should be contacting HSBC or DG to ask them when they will be paying up?

Link to post
Share on other sites

Well, you might well have a judgement, but if DG make a fuss they will ask for and get a stay if need be. Latty is 100% correct on this (as always! :-D) Judges do not like wins by default, and will allow time for things to be sorted out. Many claimants have benefited from this flexibility too!

Judgement by default is not really a good thing. You need to get DG to put in a defense, or pay up, so ring them tomorrow!

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...