Yipeee!Received judgement-Defence Struck Out! **POST OFT**

[getmyrefund]

Hi, Just thought i'd let you know, I received judgement for the defence to be struck out....I feel quite pleased.....however, i know its about getting the money now... i expect HSBC will put their stay in.... i already had a letter a few weeks ago from the bank saying they intended to apply for a stay, but obviously hadnt done it yet.So i wrote to the court to tell them this and put in my objection early.

The only thing i'm a little hesitant about is, if i put in a warrant of execution and pay the fee of £55, then HSBC put a stay in, im wondering if the warrant of execution will still stand and proceed normally.

I will be ringing the court tomorrow anyway.

By the way The court is Aldershot and Farnham.

Any response will be appreciated, if you have a view on this, thankyou.

[jowalshy]

As Gizmo says below

[gizmo111]

YOu will have to wait at least 14 days from the date of judgement before you can send the WOE. What does it say on your order?

[getmyrefund]

YOu will have to wait at least 14 days from the date of judgement before you can send the WOE. What does it say on your order?

Hi Jo,

Doesnt really say much...

General Form of Judgement or Order

Before District Judge..... sitting at ......Court etc.,

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

1. The defendant having failed to comply with the order dated ......., the defence is hereby struck out.

2. Judgment for the Claimant for £......

Dated: 13th September 2007

So, Jo, there you have it... quite simple isnt it!

Thanks for your reply

[k65]

congratulations

[freakyleaky]

If you ask the court they will tell you when a WOE can be used and will tell you if it is to early to serve.

Looks good though.

Good luck and keep us posted!

[getmyrefund]

If you ask the court they will tell you when a WOE can be used and will tell you if it is to early to serve.

Looks good though.

Good luck and keep us posted!

 

Hi Freaky,

Yes, i phoned court this morning, and they said that i have to wait the 14 days from the date of the jugdement...(17th Sept), so from next monday then!

I'm just about to write a letter to DG to inform them i have received judgement, and enclose a copy of it to them., also tellling them i will commence enforcement for payment if they do not pay me within 7 days.

Or, im thinking whether to not do anything, hoping they wont do anything.

I feel, that if they get a letter like this, they might just get 'narked' and issue a stay,... whereas, they might just accidently overlook my judgement, therefore it will be too late, cos i will get the WOE served.

I'm just thinking out aloud here...

Any thoughts from anyone!

[Castlebest]

The court will have informed them of the judgment order, they will try to get the CCJ lifted and a stay put in place.

 

I would sit tight until the court opens on Monday morning and then get a warrant and a bailiff to serve it

 

 

pete

[Rayne]

Nail em

[lateralus]

i think it's a "set aside" they will try for and they are sure to ask for it to be set aside - your argument would be along the lines of the same reasons you wouldn't want it stayed but i'd really hammer on about how long it's gone on and their blatant disregard for deadlines, your attempts at resolution, etc. and lump any attempt at a set aside in with their general disregard for all dates, filings, etc. be ready for them but don't show your hand until they make a move - otherwise just be ready to act on monday

[Castlebest]

Lattie !!! your starting to pick this up well done

 

pete

[getmyrefund]

i think it's a "set aside" they will try for and they are sure to ask for it to be set aside - your argument would be along the lines of the same reasons you wouldn't want it stayed but i'd really hammer on about how long it's gone on and their blatant disregard for deadlines, your attempts at resolution, etc. and lump any attempt at a set aside in with their general disregard for all dates, filings, etc. be ready for them but don't show your hand until they make a move - otherwise just be ready to act on monday

Well, your laff at this lattie..... i did eventually put a letter together to DG to tell them i had judgement and for them to pay within 7 days.... Anyway, i was quite happy with what i wrote.... then, my printer for some reason packed up..... so couldnt print off my letter....so have been busy uninstalling and reinstalling my printer, but to no avail..... therefore, i wasnt able to send my letter...... Maybe its an omen of some sort...

Arr well, off to bed now, see how i feel about it tomorrow.

Thanks for your advise.

Let you know what happens.

[lateralus]

yeah, i know what you mean - that would def have been a sign to me NOT to send it.

[getmyrefund]

Just to update... i received letter from DG saying that they are responding to the Judges order of Judgment and will advise HSBC to pay me in full. However, i did manage to write to them as well with a copy of my judgement and i said i would commence proceedings for a WOE if i was not paid. I am still keeping my fingers crossed as HSBC still maybe could instruct DG to apply for a stay, but i dont think they can now as i believe they only had 7 days... So do i start shouting for joy yet!!?

Of course, they did say they will send me a cheque but reminded me about the postal strike... does sound like im on the home and dry now. Taken me 6 months

[Castlebest]

Well Done get !!!!

 

thats three this week

 

pete

[GaryH]

Wow, another one!!! Well done you lot!

[pinkduchess]

excellent!!

[lateralus]

yippee (no, it's not too early to celebrate - that letter looks pretty solid)

 

very, very good work - and they don't need the post to put it into your account - i think you'll be paid quite quickly -

let us know when the money comes through.

 

very, well done!!! and well deserved...

 

don't you just love it when the plan works!

[freakyleaky]

Brilliant news GMR! I am sure you will have your money soon! What a great week this has turned out to be!

[Audreygreeneyes]

well done get, congrats. coudl you possibly give us your claim ref number. for tohers use, and as pete is in court monday and me wednesday it will be really good to quote the 3 wins this week:)::)

[getmyrefund]

Hi to everyone, At last i have today received my cheque from HSBC for the full amount.

I think i must be the first and only person to have a letter from them with just 2 lines written!!.... it said... "On instruction of my colleagues in our Legal department based in Birmingham, I enclose cheque for £...... in relation to your HSBC Mastercard".

Thats all it said!! Nothing about the "full and final" bit.

I was actually now considering to go for Wasted Costs Order, so am now reading through here about it.... but i dont want to pay a fee, so may just write to the Judge, as he was the one to send the judgement in my favour.I'm not sure if i can apply as it didnt make the court, i just stuck to the correct procedures and requested the defence to be struck out cos HSBC didnt submit their 'bundle' as per the order.... and the judge happily obliged me!.

Anyway, opinions welcome as always... should i, or shouldnt i go ahead for costs!!

Thankyou.

GMR

[Goldlady]

Which bank are you going to pay your cheque into? Seriously though that is excellent news. Power to the people!

[Castlebest]

Well done Get !!!!

 

Up to you if you ask for wasted costs, last time I looked judges were paying about 5 hours at about £9.50 an hour plus any printing costs you had so would buy a few drinks over christmas but not a huge amount.

 

pete

[pinkduchess]

brilliant!! bet youve been walking around with a smile all day - well done

[getmyrefund]

Ummmm, paying cheque in another bank, then im buying a new computer, busy trying to choose one now.

One thing i cant understand is that the letter wasnt that much, i was expecting all that jargon about full and final bit, ... ah well, doesnt matter now. However, i think i might write to the judge, with tongue in cheek! and try my luck!!.

Goodnight.

GET