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Default Judgement


susang
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Hi,

 

Having succeeded with one bank already, i decided to have a go at Nat West.

 

I went through all same procedures as before, Nat West filed an acknowledgment stating they were defending the claim.

 

This is where it differs from the last case.

 

Before i received my cheque within the 28 Days. This time i have not. So i have just been onto Money claim online, to ask for a judgement to done by default.

 

Obviously this bit is new to me, and wondered if anyone else had got this far and can tell me what i can expect next.

 

PS - previous bank was RBS, so assumed NatWest would work the same way as they are one in the same.

 

Thanks in advance.

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loads of default judgements have been issued. A quick search for the term "default judgement" will bring up the threads - you may want to narrow the search a bit. I haven't got that far myself, so can't be of any help other than to point you towards other people's threads.

 

Good luck

... a little

Mahala is a powerful thing ...

 

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All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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If you have been on to Moneyclaim and asked for the default judgment, as long as you haven't been pipped with a defence, in about two days time you will be on to logon to Moneyclaim and find that your judgment has been granted. The paperwork will follow soon afterwards.

Do nothing. Don't contact the bank. And after about seven days ask for a warrant of execution and then contact the bailiffs involved and ask them what they are proposing.

The likely sequence of events is that the bank will wake up and realise that there is a judgment and then they will make an application to set aside.

There have been lots of these. Search on "set aside" and you will soon understand what it is all about. Also drop a line to seminole as he is gaining first-hand experience of this at this very moment!

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Have logged onto money claim today and the judgement has been granted and the that the order has been sent to the defendant.

 

One thing i didnt mention earlier was that when i applied for defualt judgement i was well passed the 28 days by about a week, so surley not even Nat West can claim they didnt have time to enter a defence.

 

Well will just have to see what happens next

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Have logged onto money claim today and the judgement has been granted and the that the order has been sent to the defendant.

 

One thing i didnt mention earlier was that when i applied for defualt judgement i was well passed the 28 days by about a week, so surley not even Nat West can claim they didnt have time to enter a defence.

 

Well will just have to see what happens next

 

They can and will, but you can use information like this in the defence to their set-aside application.

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You may want to read Whizzkid's thread in the Abbey forum. You'll definitley learn all the facts about default judgements and set aside hearings!

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 2 weeks later...

Hi there,

 

I am new to this wes site, so if ive jumped the thread please forgive me. I have never posted by read up on many cases.

 

My claim with NatWest was up today re the 28 days default, which I did. I called the small claims help line who said it was invalid as Natwest have put in a denfense (last minute of course):( i didnt think that was possible, I am now really worried it will go to court, i know the logic behind why these charges arent acceptable but how can I prove it in court, what do i say?? Maybe I have opend a can of worms and should give up.:???:

 

Please can you offer me some advise on this situation, what happends and how i can defend my claim.

 

I look forward to any help on this matter

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Hi there,

 

I am new to this wes site, so if ive jumped the thread please forgive me. I have never posted by read up on many cases.

 

My claim with NatWest was up today re the 28 days default, which I did. I called the small claims help line who said it was invalid as Natwest have put in a denfense (last minute of course):( i didnt think that was possible, I am now really worried it will go to court, i know the logic behind why these charges arent acceptable but how can I prove it in court, what do i say?? Maybe I have opend a can of worms and should give up.:???:

 

Please can you offer me some advise on this situation, what happends and how i can defend my claim.

 

I look forward to any help on this matter

 

Khazina if you start your own thread in the "Nat West" area, I'm sure someone will be along to answer you... but in the meantime, don't panic!! They won't defend in court... they will make an offer. Most certainly don't give up.

 

In case you don't know, The "New Thread" button is on the list of topics in the forum, under the link for "User CP" somewhere. It's blue :)

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Hi,

 

Just a quick update.

 

It has been two weeks since i requested and was granted a default judgement. I hesitate in executing the warrant because i was away last week. I nearly did it last night, but decided to wait for a few more days.

 

Then today a registered letter from RBS (owner of NatWest as you probably know) arrived in the post.

 

It contained a cheque for the full amount of was requesting. Yippe!!!

 

Letter said " we write with reference to the Judgement in default which has now been entered into against the Bank and, in accordance with the Judgement I enclose a cheque in the sum of £XXX. A copy of this letter has been sent to XXXXX County Court."

 

Once again I would like to thank all members of this site for all the information provided and inpsiration gained. Unfortuately for me my bank claiming journey is at an end because i have no more left to claim, but i will still be following this site with a keen interest.

 

Thanks once again

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