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cowlie

Double Bailiff Day v RBoS

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Myself and Matilda153 are at exactly the same point as each other in that we have both had judgement issued via Moneyclaim against RBoS on the 8th June and now have the option to issue a warrant. I've seen advice that says issue the warrant after 7 days after the issue date - but I can see no reason to stop me issuing right now. Which is what I'll do in a couple of hours unless someone can advise why I shouldn't?

 

Will let you know of any progress.

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Hi,

 

According to the Moneyclaim online user guide:

 

"Where you have requested judgment by default with immediate payment, you can request a warrant of execution once the status on MCOL shows that judgment has been entered."

 

http://www.hmcourts-service.gov.uk/onlineservices/mcol/userguide/claimant/warrant.htm

 

Hope this helps,


24/04/06 - Capital One - £170.00 - Court Claim Acknowledged - Defendant intends to defend claim

18/05/06 - Full settlement received (£170.00) + another £20 for charges added after claim issued.

 

16/05/06 - RBS - Court Claim Submitted - Total £4900 (inc. Interest + Court Fee + Allocation Fee)

22/05/06 - Acknowledged by RBS

16/06/06 - RBS Defence Received

29/06/06 - Settlement offer from Cobbetts LPP £2,500

22/07/06 - Hearing date given as 27th October, York County Court

25/07/09 - Cheque received from Cobbets for £4800!! only £100 to go!!

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Thanks - I have read that - and I've also found this advice from Bankfodder - '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'.

 

I will follow this advice which means I'll issue a warrant of execution on Thursday. Though I am unsure what to expect, or how to act upon learning the bailiffs proposal. Hopefully all will become clear when I ask them.

 

Anyone been to this stage before who can advise?

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I haven't been there, but I think that you don't need to act at all; the Bailiffs do it all for you. However it's in your interest (obviously) to introduce yourself to them, and to be approachable, so that they feel like helping you out. That way they'll be honest with you about what they're doing, when they're doing it, and how they operate. I doubt they'll bang into your local branch and immediately demand money or goods to the value; I expect they'll start by writing letters demanding payment.

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My warrant has been submitted to the court for final validation before being issued. I should get some movement from the bank one way or the other now - I expect either a cheque - or for them to ask that this be set aside to allow them to faff for a few more weeks.

This is a very advanced stage - I began this in February - if anyone has been here with RBoS before - advice would be appreciated.

Cheers, Cowlie.

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Update:

 

It has been over a week since I had a warrant of execution issued - on the moneyclaim site, it says 'Your warrant request has been accepted. The warrant has now been sent to the bailiff at the appropriate court for action'.

 

This is against the sacred Drummonds branch of RBoS.

 

I think there are two things that could happen - they could ask for it to be set aside and thereby faff for a few more weeks (entitling me to increase my claim by the extra interest) or thay can pay up.

 

The bank has acted unlawfully in taking this money from me and I will accept nothing short of 100% of my claim. During the times I went overdrawn the bank made more than enough profit from me in their overdraft fees and interest - the referral charges that were additionally levied do not represent the cost to the bank and are therefore unlawful.

 

I would be more than happy to go to court to achieve righteous resolution.

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I have now recieved a letter from Cobbetts the solicitors in which they:

 

Inform me they have asked for the judgement to be set aside,

They present their standard defense,

They ask for info in relation to CPR18.

 

I intend to allow the set aside to be granted (this site appears to give opposite views on this - I prefer to allow it simply to avoid delay).

The defense seems to be a standard defense.

I will respond to the CPR 18 request by saying it doesn't relate to small claims so will not provide, but if the court ask for it, I would happily give it. I will send Cobbetts the spreadsheet showing what charges I want repaid and interest etc.

 

Should I be copying in the court on all this?

I think this is the best way to procede but any suggestions gratefully recieved.

Cheers, C.

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I intend to send this letter to Cobbetts unless anyone can say why I shouldn't?:

 

 

I am writing regarding correspondence received from you recently consisting of your defence and request for further information in accordance with CPR part 18.

 

As you are probably aware CPR part 18 is not applicable to claims under the small claims track, and only the court can ask for this information so I will not comply with your request.

I am more than willing to provide the requested information if the court deems it necessary.

 

I am, however, enclosing a breakdown of the charges I believe to be unlawfully levied against me which, as I have explained to the bank, are referral charges and charges relating to unpaid items such as Direct Debits and Cheques.

 

Yours sincerely,

 

Please let me know if you think I should include/exclude anything.....

Thanks.

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maybe you should point out how nice your being by allowing the set aside. Might encourage them to pay up quicker!!!!


NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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do you have to let them to set aside. HOw quickly can you get your money? I have just asked for judgment and am slightly confused.

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You dont have to let them.....and it may not go that far anyway.

 

I am aware two claims where full settlements were offered prior to set aside hearings.

 

I think threads are just not being updated because some are agreeing to clauses of silence....which is a great shame because banks are paying up in spite of non agreement to silence.

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**Payment Recieved In Full**

Court hearing was set for a few days time, but they've paid up. If anyone is on a similar track and wants any advice send me a private message. Get what's yours.

Thanks to the BAG - 5% on the way.

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wow fantastic, it was a long time coming but you finally got there!!!!


NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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