Resuming a lapsed Claim at warrant stage???

[oblong21]

Hi,

 

Last year i helped out a friend who needed some guidance putting his claim through and i thought he was on his way to getting it sorted after showing him how to use moneyclaim etc.

 

It now transpires he forgot all about it and thought it had expired so i picked up the baton and i logged onto his money claim account tonight. It states a judgement has been issued after the bank declined to offer up a defence/response and the option to issue a warrant is available right through to paying for it to be executed which i havent done as i wanted to know the implications of this?

 

The judgement was issued in April of last year, can anyone advise if i was to tell him to pay the 55.00 fee would the warrant still be executed as it appears to be available on money claim and also next step?

 

many thanks guys!

[Guest Old_andrew2018]

bump

[Mister Twister]

Call the courts and check to see if the Banks solicitors have applied to set the Judgement Aside pending the outcome of the OFT High Court Test Case.

 

You don't always get a copy of the paperwork although you are supposed to.

 

Even if they have not already if you file a Warrant then they will just argue that they did not recieve notification of the Judgement and apply to have it set aside anyway. Unfortunately despite the time that has passed a judge will more than likely accept their application.

 

I tried fighting my case once judgement had been entered against Abbey and ended up in front of a judge who decided to have it set aside anyway!

 

You can read about it here

 

http://www.consumeractiongroup.co.uk/forum/general/109983-case-struck-out-then.html

 

My advice is to sit tight and wait for the outcome of the test case. Although some one here might have different advice.

[oblong21]

much much thanks for the replys guys,

 

i couldnt ring the court due to being in work long hours but have checked today and...

 

the warrant has been accepted - the status now reads

 

'Your warrant request has been accepted. The warrant has now been sent to the bailiff at the appropriate court for action.'

 

does this mean paydirt anytime soon or can someone point me to another thread?

 

thanks in advance!

[Mister Twister]

Sorry if I sound negative but...

 

Regardless what MCOL say I think the Bank won't pay and they will apply to have the judgement set aside.

 

I hope this does not happen and you get you rmoney.

 

Please update with progress.

 

Thanks

[oblong21]

not sure why you would think that really? 3 or 4 days elapsed between the payment being processed and the warrant being sent to be checked before it was then issued so i would have thought this was the period when it would be possible for it to be set aside, once the warrant is sent to a local bailiff, thats it surely, its sent and will be executed??

 

On the PDF file it now states the banks head office as the place where the warrant will be executed rather the than the po box all correspondance has previously been sent to, my friend nor i have given those details to them.

 

i hope you are wrong obviously but puzzled as to why you would doubt MCOL or do you have examples of it being inaccurate?

[Mister Twister]

Hi,

 

I was at Warrant stage with one of my claims - according to Abbey they had not recieved a copy of the claim (N1), copy of the Allocation Questionnaire (N150), Copy of the reminder warning them the case would be struck out or a copy of the judgement.

 

I went to court and proved to the judge that I had infact supplied them with copies of each document (recorded post) and they had acknowleged this in an email correspondance to me. The bank changed there defence and instead claimed they had been swamped with claims and that is why they did not respond (along with a host of other lies I might add). I obviously thought they would fail in their application to have the case set-aside since weeks had passed and I was at the Warrant stage as well as the fact I had proved they had lied in their original defence, but the judge ordered the judgement to be set aside pending the outcome of the High Court Test Case and even allowed them to enter a new defence after that time.

 

I can only go on what I have experienced and what I have read about other claimants experiences on the site.

 

Good Luck and I hope you get the money, but I hope you can see why I have my doubts.

 

Just let us all know what happens!