Entering Judgement

[Runner22]

Hi All

 

After submitting my court claim, Lloyds have not responded to the court within the 14 days given, therefore I have entered judgement (by default). According to the court they had until 25/12/06 to accept the claim - to date no reply. Does this mean i automatically get the money now? it seems a little too easy...??? any advice will be appreciated

 

R22

[BELLA 47]

Hi All

 

After submitting my court claim, Lloyds have not responded to the court within the 14 days given, therefore I have entered judgement (by default). According to the court they had until 25/12/06 to accept the claim - to date no reply. Does this mean i automatically get the money now? it seems a little too easy...??? any advice will be appreciated

 

R22

 

Same here, my court gives Lloyds until 28th(tomorrow), so if i don't get a response then shall I ask for judgement?What is the legal position if an acknowledgement arrives the same day that a request for judgement is received by the court? any advice please?

[elsinore]

Runner22, as soon as LTSB (SCM) are notified of the default judgement, they will apply for it to be set aside. At the same time you should get an offer of settlement! They may well have their application for setaside granted but, as long as you have your settlement, who cares.

 

However, be prepared for your request for judgement to be refused if LTSB have submitted an acknowledgement/defence at the last minute. The court may feel obliged to accept it (as they would yours if you were late).

 

BELLA47, by all means apply for default judgement as soon as you are able, but be prepared for the same result as above.

 

Elsinore

[Runner22]

Thanks Elsinore!!

 

What does set aside mean? i will keep you posted as to what happens

 

Thanks and happy new Year!!

 

R22

[elsinore]

Happy New Year to you too Runner.

 

It means that a judge can override the default judgement and proceed as if it had never been granted, on the basis that he/she now has a claim and a defence to that claim. The courts prefer that cases are settled either in court or by agreement, rather than by default.

 

Elsinore

[freebird]

saying that guys you can still negotiate settlement out of court, ring or fax SCM and state your settlement ammount with out their conditions of course, the judge will like it even better if you can agree asap out of court.......go for it NOW>>>>phone and fax tomorrow....asap...

Freebird

[BELLA 47]

Thanks Elsinore and Freebird! Submitted my request for judgement today (by first class post )as still nothing from Lloyds either to me or at the court.I will negotiate out of court if given the opportunity as you advise.

Happy New Year!

B

[Runner22]

Ok...Quick update. I have looked at Money Claim today - the Judgement has been issued...it says...

 

"Your judgment request has been accepted. The order has been sent to the Defendant."

 

Now another option has come up with "Start Warrent" - What does this mean (does it mean sending in the bailiffs if LLoyds do not pay? - and if so how long should I wait before I start a warrent?

 

Thanks for your help guys - can't see any similar processes on this forum - it is all quite new to me!! Thanks

 

R22

[sinon]

I am in a very similar position. TSB didn't reply to court papers. I got judgement by default. They haven't replied to that either (Nov 2006). Today I have paid £55 to courts to issue a warrant of execution. Now playing a waiting game.

I have checked correct address for serving the papers. Despite everything correct, TSB say they havent received any correspondence. The courts say that if the letter isnt returned to them it is deemed "good service" and thus delivered.

My concerns are that TSB are simply using the courts to delay the process.

I hadn't considered contacting SC&M , do you think it is a good idea?

I have, however, contacted TSB many times, I really feel there is nothing left to say between us.

Never have I experienced such obstruction, bias and dishonesty.

[sinon]

Freshly inspired by your posts, I phoned SC&M today.

Now I'm wondering why I bothered!!

They did not want to help at all.

Never mind , back to plan A, play the waiting game. Victory will be sweeter anyway.

One thing I will say:"Dont let em grind you down". They seem determined to try.

[einsteincountry]

I'm in the same position, nothing from Lloyds by the expected date of 28/12 so I've submitted a default. I did get a letter from them on the 22nd offering about 80% of what I claimed, which has already been paid into my account.

 

I'll keep an eye out for what happens to you guys - good luck

 

Johnny

[hugelyrippedoff]

Same position here too, have asked for judgement, judgement by default ordered, still not hearing a thing. I wonder if this is their latest tactic, just ignore it all and hope it goes away! ha ha

[The Capitulator]

Does entering judgement and sending in the bailiffs mean that when LTSB have used up all their money (our money) in paying the bailiffs then they won't be able to get a loan? -shame:shock:

[einsteincountry]

has anyone submitted a warrant yet?

[christinajanep]

someone did yes but i dont think it was with lloyds, i'll have a check and send u the link if i can find it

[Runner22]

Hi everyone!!

 

ok judgement was enetred against LloydsTSb on 28th december 2006 - have not received anything from Lloyds (not even a letter). i am now going to issue a warrent!!

 

Will keep you all informed (any advice about this??)

 

thanks

 

R22

[natsmanc]

HI all

 

I issued a warrant against Lloyds and it was served on the 12/1/07. I am still waiting to hear what happens but apparently the bailiffs are on their way!!

 

 

Nat

[elsinore]

Let's hope you both do as well as this guy!

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/58208-baliff-has-taken-banks.html

 

Elsinore

[natsmanc]

Thanks Elsinore

 

That was a very interesting read

 

Nat

[hagenuk]

Lloyds can and probably will still apply to have the judgement set aside. Not only that, should they fail to have the judgement set aside and you issue a warrant of execution, they may apply for a stay of execution.

 

A stay may be granted without you being present and without your knowledge, the first you will know about it will be when the court contacts you to tell you that you are to attend a hearing in order that the court can decide whether or not they set aside the original judgement.

 

I would never advise that you go for a default judgement.

 

Did they acknowledge the claim and fail to file a defence in time or did they simply appear to miss the claim altogether?

 

Judgement in default is not as straightforward as it may appear. A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.

 

My advice would be to give more time simply because, by writing a letter, such as the one below, you wait just seven more days - if you obtain a Default Judgement or file a warrant of execution you have not yet won and may well have just bought yourself a two, three, four or more week delay while the banks apply for a set aside or stay of execution, which they are almost certain to do.

 

The truth is, an application to set aside Default Judgment or stay of execution is almost always granted as Judges prefer cases to be settled on merit, not by default.

 

Dear

 

Claim Number

 

You have not filed a defence for claim number 6XX00000 at (Town) County Court, and the time to file a defence has now passed and judgement in default has been granted.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will file a warrant of execution.

 

Yours sincerely

 

Furthermore, if as the Claimant you become aware at any stage that the claim may not have reached the Defendent you should apply to set aside any judgment which has been made.

[sinon]

I applied for a warrant of execution on 2nd Jan. It was served on 8th Jan . Seven days is up today. I phoned the bailiffe today to ask of progress. He said he had dealt with more than 40 warrants on TSB. He was going to phone them on my behalf today, as they still hadn't replied. Will let you know tomorrow if I hear any progress.

 

I agree this is certainly not a preferred route, but TSB have been so obstructive, I felt I had no alternative.

[dazzaboy2]

Hi Sinon,

 

Just been reading your thread with interest.

 

Like you, I have been granted judgement by default against HBOS. This was granted on the 8th of January and as yet I haven't recieved any form of payment. In fact, I haven't received any correspondence whatsoever from HBOS since I rejected their offer of £3133 as part of a £5400 claim.

 

The court are sending me out an 'excecution pack' today so I should get it this week.

 

Like you, it looks like I'll be sending in the bailiffs. I have no other option. The court has told them to pay, they haven't, simple.

 

I think it is pathetic tho that they still have the option to apply for set aside etc at this late stage............they should be more organised in the first place.

 

They never forget to take their charges!!

[hagenuk]

As your claim is for over £5000 you should know that a County court bailiff can only execute a warrant for up to £5000. In this case you should issue a warrant in the High Court.

 

Look here for details on how to instruct a High Court Enforcement Officer.

 

Warrant of execution

 

They will execute a writ of fi fa which is the High Court equivalent of a warrant of execution and has no limit. The Authorised High Court Enforcement Officer can force entry into commercial properties, including shops (and banks!) in order to execute the writ.

[dazzaboy2]

Thanks for that hagen,

 

I was not aware of that. Looks like it will be the High court then!!

 

I wonder what High Court to use tho...........I live in Scotland and used Bournemouth County Court as I have friends who live there for correspondence.

 

Here is my thread anyway as I don't want to be hijacking this one!!

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/26972-darren-bank-scotland-round.html

[einsteincountry]

After sending a letter threatening a warrant for execution, I've just noticed this line on my online statement:

 

29/01/07 SETTLMNT OF CLAIM £151.19

 

so it's all over now. no threat to close my account or remove my overdraft

 

Looks like Lloyds are buckling under any kind of pressure