warrant

[Jane Austen]

I've requested default judgement and it's all gone through.

 

Waiting game again!

 

Abbey will probably go for set aside again but after Whizzkid and NeilP I don't know how the court will look at this.

[rambot]

well i have managed to get a judgement by default by the look of it.

the claim was issued on the 31st May. deemed served on the 5th June.

I filed last night for a judgemment by default. this was then isued today the 20th June.

the last column says warrant and says continue under it. can anyone tell me what point do i now click on this continue and what happens from there.

Do you think this will end up in court and if so can it be a court of my choice or does it have to be the one i filed in, which was northampton.

Also is it worth me contacting Abbey to let them know judgement has been issued and they now owe me the money. I would rather they paid me than actually go to court if possible. it would be easier that way.

I was wondering if they even know that the claim has been issued.

Your help in this matter would be greatly appreciated.

Many thanks

[CrispDust]

The whole point of judgement is that the court process has been bypassed. You have, at this stage, won by default. Unless they apply for set aside. The court/judge can actually set aside if the defendant can show that they have a good prospect of winning the case or there has been some tehnicality.

We're watching and waiting. You don't need to do anything at this stage. The court will post the default judgement to Abbey. If you dont' get paid within say 7 days then issue warrant, I think thats the norm.

[alanfromderby]

You have two choices - either instruct the bailiffs to go in by issuing a Warrant of Execution, or you could contact Abbey and demand payment. When you have done either, it is likely that Abbey will seek to have the judgement set aside.

 

If they do that, you can be certain they will get the set-aside - and it will delay things if you wait for the hearing. As you have said that you don't want to go to court - my advice, if they do seek a set-aside, is to agree to it immediately. This way they will be forced to put in a defence within 14 days, and then the end game can play out.

[rambot]

what happens if i agree to the set aside. it will probalbly be granted anyway even if i dont agree to it.

 

so i agree to it.

then if they dont put in a defense i obviously win.

what if they put in a defense is it then them versus me and who wins.

[alanfromderby]

Abbey always file a defence (well when they remember!!), they then wait for you to complete the Allocation Questionnaire, it is at that stage they will start to make offers. So far, they have not defended a case in court.

[rambot]

many thanks alan

seems i may be on a chance to win here then

your help has been invaluable.

[rambot]

got a letter this morning in response to my default judgement.

 

it reads

 

 

We act on behalf of abbey national plc in relation to this matter.

 

We believe that due to an oversight an Acknowledgement of service form was not lodged with the court and we understand from the court that judgement has now been entered.

 

it is our intention to apply to court to have judgement set aside, on the basis that our client has a defence with a real prospect of success and that judgement was entered due to an oversightand that our client should be entitled to defend the proceedings.

 

please would you confirm whethter you would be agreeable to judgement being set aside, without formal application being made to the court.

 

If you are not prepared to agree to this, then please confirm that you will take no steps to enforce the judgement until the application to set aside has been heard.

 

yours faithfully

DLA PIPER RUDNICK GRAY CARY UK LLP

 

 

can anyone let me know what this means and what should i do .

[Jane Austen]

As far as I am aware I haven't received a letter like this. I asked my OYH to check this morning - he's got the day off. If Rambot has one stating that it's an oversight that the acknowledgement of service was not made, what does that make mine? It was exactly the same day on Moneyclaim.

[rambot]

what i dont understand is that they are teling me on one hand they are going to apply for a set aside and defend it.

then they are asking me to confirm i am willing to agree with the set aside

and then they are asking me to take no steps to enforce the judgement.

what can i say from here.

also what does without formal application being made.

should i phone them to discuss this matter or just leave it and wait for their action first.

it seems they want me to do everything for them and they are not offering me anything in return.

how should i play this one and has anyone else recieved this letter before is it a new tactic.

 

please would you confirm whethter you would be agreeable to judgement being set aside, without formal application being made to the court.

 

If you are not prepared to agree to this, then please confirm that you will take no steps to enforce the judgement until the application to set aside has been heard.

[Seminole]

Abbey have been making a lot of these "adminstrative errors" recently. It's there way of delaying matters further and pushing you in front of a judge.

 

It's not impossible that these are genuine mistakes but, in my opinion, they are a deliberate attempt to frustrate claimants and delay matters. They are abusing the legal system and at some point the legal system will bite back.

 

It is likely that Abbey will be granted their set aside if it goes in front of a judge but, if you don't mind waiting a bit longer, we can let you have a list of the other occasions on which they've done this to show to the juidge. Eventually one of the judges hearing these set aside applications is going to get really annoyed, deny the set aside and take sanctions against Abbey.

 

If you do decide to allow the set aside, that's up to you. It's not in the overall interests of the campaign but you have to put your interests first and foremost. However, if you decide to contest the set aside you probably should take some form of enforcement action as Abbey may take a while to make the application.

[rambot]

ok i will not just give them the set aside if its not best for the campaign.

it seems from the letter that they want me to give them everything. like let us get 2 goals in front and then we can talk, but only if you dont try to score a goal in the meantime.

has this letter surfaced anywhere before other than mine and NNELSON's

[Odd Fellow]

This would appear now to be a tactic that Shabby is using to further delay things. There have been at least three reported in these forums (probably more).

 

It's absolutely scandalous that this organisation can continue to abuse the court system like this. How it can continually claim that it has made "oversights" in dealing with these claims is beyond me. When will the legal system see this for what it is worth and refuse to grant a set-aside.

 

There must be enought evidence on here alone to give weight to a refusal to set aside. Even if Shabby claims that it's inundated with claims and can't deal with them all in a timely fashion, that can't be a set of mitigating circumstances that can continue to be accepted - it's a multi-billion pound operation - if it can't pull in staff to man a department to deal with this, that's it's problem, not the Legal System's.

 

I would be of a mind to refuse to grant a set aside, reasonably safe in the knowledge that 1) it will cost Shabbey more in costs to get a set aside secured and 2) that the more us claimants push the legal system to refuse such set asides, using evidence on here to substantiate our cases, the more likely it will be that this abuse is stopped.

 

It might take you longer to get your money if a set-aside is granted, but it's acruing 8% interest anyway, and you might be successful in refusing the set-aside (yeah, right) which means you'll get it even sooner (or get to witness the bailiffs entering your local branch and walking out with desks, chairs, ATM machines

[Seminole]

Rambot

 

Whizzkid put together a list of cases where Abbey have pulled this stunt. We will get a copy of this for you to share with the judge

 

Where are you based?

[rambot]

i am based in brighton. but i dont mind travelling to anywhere to do this.

if it is easier to hold it in another court to make things easier i am ok with that.

 

i work nights so daytimes no probs for me, also i never work mondays to wednesdays. so hopefully these days can be used.

[Seminole]

No, I was only asking because, if you are happy to allow people to do so, some may want to attend the set aside hearing.

[rambot]

i am more than happy to do that. i may need some help though, so it would be an advantage to have people on hand.

i can have this done anywhere i am not bothered so it would prob be easier in a court closer to a bunch of people rather than maybe just one or two.

what do you think

[rambot]

should i then contact dla piper and inform then that i will not agree to the set aside and also why i am there tell them that the judgement will be enforced on the due day.which is only about 4 days away i believe.

or say nothing and let them approach me again next.

 

NNelson is in the same boat. we are both at exactly the same point and same time. we both have the letter dropped on the mat this morning.

i would think it may be worth us both going together if we can arrange that, maybe then the judge will see that they abbey are incompetent.

[Seminole]

i am more than happy to do that. i may need some help though, so it would be an advantage to have people on hand.

i can have this done anywhere i am not bothered so it would prob be easier in a court closer to a bunch of people rather than maybe just one or two.

what do you think

 

It's not really in anyone's control. If you filed the claim in Brighton, it will probably be heard there.

[Seminole]

Assumin that you made the claim at the court and not using Moneyclaim, you would need to go to the court for a warrant of execution. There's a form to fill in and a fee (I think £30) to pay. They will apply to stay the warrant and file a set aside application. A hearing date will then be set.

[Jane Austen]

Isn't it easier and quicker to do this via Moneyclaim?

[Seminole]

Absolutely if the original claim was made via moneyclaim.

[rambot]

my claim was via moneyclaim and it was done in northampton county court if that helps.

 

secondly is it a good idea now that me and nnelson both do exactly the same thing, so that the judges can start to see a pattern forming in their set asides and defences.

 

if so what would be our first step now so that we are both clear what to do exactly.

 

1) email DLA and say we are not agreeing to the set aside.(result in that it costs abbey more money)

 

2) try somehow to show the judges that their reason for a set aside is just a stalling tactic as has been seen before.

 

3) take some form of enforcement action as Abbey may take a while to make the application.(does this mean executing the warrant when the 7 days are up. via moneyclaim online.

 

4) agree to the set aside if they pay in full and final plus costs within the remaining 11 days left for them to enter their set aside.

 

5) do we write to the courts straight away to disagree with any set aside they might apply for or wait til they have actually applied for the set aside.(i.e: they have not expressed a reason, they have no valid defence to rely on, they have done this on several other occasions (NeilP, Whizzkid, Stephen Hone, rambot, NNelson - quote the case numbers) and that on the first three occasions, they have settled the claim in full without it getting to court.)

 

really unsure here as there is couple of choices. i think me and nnelson should go the same way if possible.

i am not in a hurry for any money, so that is not an option i need to worry about.

[Odd Fellow]

There are a few of us who filed about the same time, as you know, and a number of us have been acknowledged defended and offered 50% and have now returned allocation questionnaires - would it be worth working out the differences in our cases to see if DLA/Abbey are using any criteria to decide whether to ignore & go the set aside route, or defend ?

 

An interesting exercise, I am sure, but what do you hope to achieve from it? I would guess that the best you can get from it is an idea of how Shabbey will treat new cases.

 

Or have I missed the point?

[rambot]

as of tomorrow i am entitled to execute the warrant. it was issued on the 20th june so tomorrow is 7 days. anyone suggest whether it is worth it or not.

Abbey have written to me now asking for my cards and cheque book back and cancelling everything on my account.

maybe now they are hotting up and preparing to be as obstructive as possible

what do you think.

they are doing this on the excuse that as i am in my overdraft and havent paid any money in while this dispute is ongoing that they will continue to charge me at an unauthorised overdraft rate and also if i dont send the cards back they will send out an agent and charge me £45.00 for doing so to collect the items.

and they have also threatened me with a default notice as well.