Won by Default ... What now??

[Brown_suga]

After following the advice on this forum and over on money saving expert, I filed a claim against HSBC. Recieved no response, they didn't enter a defence after 14 days so I won by default.

 

Except I don't know what to do now... I checked in the step by step instuctions, but it said if the bank don't enter a defence 'well done you've won' but how do i recover the money now??

 

Apologies if this is a silly question!

[mariejader]

Well done

[Spiceskull]

FAQs:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=243

 

6. The bank will now do one of four things.

1) Ignore the claim completely - this is their best bet - they can claim incompetence as the reason for not attending court - you win by default after 14 days if they do not enter an acknowledgment of the claim. You will need to apply for a judgment which you should do as soon as the bank's time is up. If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want.

[gerih]

If you claimed in court using form N1,the back of the claim the court sent you has the application for judgement bits.I would imagine the same is true if you claimed on-line,but not sure.

[jscouser2002]

What is to prevent the bank from saying they never recieved the letter? Whats the best i can prevent the bank saying thsi to me

[dave]

Under the civil procedures, a letter with a stamp on it should be seen as delivered.

 

If they have defaulted, then it's up to them to get the default ruling overturned.

 

Apply for judgment, and the likelyhood is that you will get your money. If not, then send in the baliffs.

[bram stoker]

Isn't this the same issue as the Guy in the Sun paper today? Or have I misread somewhere?

[dave]

Exactly the same.

 

I have only read the on-line version, about 50 words.

 

Did the Sun mention this site?

[Spiceskull]

Sun didn't mention the site, but article scanned and sent to research@BAG

[Brown_suga]

Thanks for all your responses, i did fail to add that i have applied for judgement which i have recieved in the post. I wasn't sure what the next step was.. I take it I need to send in the bailiffs??

[Brown_suga]

i still haven't recieved any acknowledgement by the bank about my refund, should i send them another letter, or just go straight to the bailiffs??

[whizzkid001]

Hi,

 

I'm the guy in that Sun article & was at the stage you are now. I suggest you apply for Judgement by Default now, then give them 7 days to respond with an offer, if they don't then you can apply for a Warrant of Execution to send the bailiffs in!

[Brown_suga]

Hi Thanks Whizzkid. I have already got the judgement, i was confused as to whether i should write to them to say i am sending in the bailiffs or just go ahead and do it ??

[whizzkid001]

I would do nothing, but allow them 7 days from when you got judgement to consider offering you a settlement. Only then if they don't reply apply to the court for the warrant of execution. Could you pm me about this?

[ChelseaGirl]

Is there any update on this?

[Brown_suga]

This topic was closed on 03/08/19.

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