Order of Judgement - Sending in bailiffs ** WON**

[sparkle51]

Decided to ring Northampton and spoke to a guy who said he was surprised as lloyds did not normally let them go this far. He said that now the judgement had been entered they would have to actually put an appeal in against it. Then spoke to Mayors Court in London who said that the bank will have been written to and the baliff will visit sometime next week.

[hagenuk]

Hi Hagen,

 

The letter i received is the same as car got, a duplicate of what is sent to the defendant telling them i've applied for judgement in defauly nothing more.

 

I keep forgetting to bring hte letter in but it doesnt say anything more than it being a copy of what i sent to the courts.. i'll try remember tonight

 

great.. i'll be sending off my letter today and will wait the 7 days. yes i'm claiming around £1200. What is writ of fieri facias?

 

over the last 6 months i have around £4/500 to claim again too out of interest.. dreading having to go over all this again.

 

Thanks again hagen.

 

Ok, getting Judgment in Default does not mean that you will get paid, merely that the other side is in default. You must enforce the judgment by applying for a Warrant of Execution. You do this by filing an N323 at the court where the judgment was entered. However, you may use the fact that you have obtained judgment (albeit in default) as a bargaining chip as it will cost money for the bank to apply to set aside the judgment or stay any warrant.

 

Write and send that letter and see if they pay or continue with their sham defence - at that point, we can advise further.

 

A writ of fieri facias is a writ of execution directing the sheriff to whom it is addressed to levy from the goods and chattels of the debtor a sum equal to the amount of the judgment debt and interest. It is the High Court equivalent of a County Court Judgment and must be used for any amount over £5000, but you may use the High Court for amounts over £600. The sheriff makes a seizure and institutes a sale by auction. The name comes from the latin and originally the words directed to the sheriff were, quod fieri facias de bonis et catallis, etc.; (that you cause to be made of the goods and chattels, etc.)

 

The foundation of this writ is a judgment for debt or damages and the party who has recovered such a judgment is generally entitled to it, unless he is delayed by the stay of execution which the law allows in certain cases after the rendition of the judgment, or by proceedings in error, such as may be found with Judgment in Default.

 

Read this link, as more is explained in there regarding the difference between enforcement in the High Court and County Court.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[car2]

GOOD NEWS!!!! MisterTbone got his money from lloyds using a Bailiff!!!! I think he might be in lloyds successes now

caroline

[sparkle51]

Hi

 

I have won, £3242 deposited into my account yesterday, no letter or anything, just marked BC refund with the case number on my online statement!! They didn't bother appealing and just paid up, good news after the Birmingham affair.

 

J

[car2]

Hope they do the same for me!! Their deadline is 25th may (this friday) do you think they'll pay up? I rang the collections dept and someone told me that if 25th is the date of the deadline then the money will be in my account on friday. Not sure if he was trying to fob me off or not?

caroline

[monkey_man]

did u get your payment on may 25th. Just found this thread after reading up on mcol I ended up here!