Mel v Sainsburys - judgement set aside - urgent advice and help please

[whizzkid001]

I would now wait the 7 days until the judge looks at the papers. If he's happy that Default removal was a part of your claim - for which you now have monetary judgement - he's perfectly able and likely to order that Sainsburys comply with that part of the claim.

 

I wouldn't bother at all with the CRA's, once Sainsburys have been ordered to remove it, the entry should come of all 3 of them once they have.

 

You could drop the judge a quick letter to confirm what they have and haven't done thus far, just so he knows - then he can make an order as he sees fit.

[100mel]

I have done this and have just received letter back from court as matter was referred to judge. He has said that such an order cannot be obtained by default and therefore it must be listed for hearing in June - estimated to take 15 minutes

 

Not sure if this is good news or bad news? Perhaps someone can advise?

 

Still haven't got money via bailiffs warrant

 

I have got CRA's to amend notice of correction to give exact dates of court, judgement, warrant etc but they won't remove default and I guess will not do until this hearing?

[whizzkid001]

Given the short time allocated I think is a good sign. I would imagine having won your monetary judgement, he wouldn't expect them now to fight just the Default issue.

 

When you do finally receive your money, just remind them that the claim continues until, and unless, the Default is removed.

 

You can ring the court bailiffs, usually early in the morning is the best time to catch them. Ask them if they can give you a timeframe for executing the warrant.

[100mel]

As documented elsewhere I instituted claim against Sainsbury's bank for refund of penalty charges combined with removal of default. They offered most of charges but made no reference to removal of default. I wrote back saying that I would accept offer on charges but only on condition that default was removed within 28 days. They did not respond, did not submit defence by due time and judgement was entered in default. I therefore issued a Warrant for collection of the charges and asked the CRA'S to remove the default which they have not done. I went back to court to ask for judgement to be extended to include all the circumstances of the claim i.e. charges and removal of default. This was scheduled to be heard before judge on 5th June. No monies from warrant received and having rung bailiff's this morning and also written I have just been informed that they have not even been to collect. This morning I have just received notice from the court that Sainsburys have applied for judgement to be set aside and this application is to be heard at exactly the same time on the same date with a combined time estimate of 15 minutes. Sainsburys have enclosed copy of my letter to them following start of court proceedings concerning offer

 

So - I really need some help here. I assume that I can attend court and how best can I prepare for this. They say in their defence that they have put the charges back to my account before the warrant was issued yet have never proved this, written to me or proved this in any way. The issue of the default remains

 

Is there further information I can submit in advance i.e. proof of letters asking for proof of default in advance

 

I'd really welcome some help and advice here. The last thing I want to do is to be unprepared and look stupid

 

Their application to set judgement aside presumably explains why the warrant has not been paid

[gizmo111]

How much were the charges and how much was the default?

[100mel]

The charges are for approx £480. I don't know how much the default was for as I have never had a copy of it and it has never been proven in three years. Repeated breaches of the consumer credit act in failing to supply copies of the agreement, default etc etc are the subject of a separate complaint . I am not trying to disown a debt with sainsburys - however until these issues are resolved, as they well know I cannot move to settlement

 

My question is how to prepare for June - can I send the court additional information to set before the judge? Can I be present etc etc

[100mel]

I issued claim for charges and removal of default against sainsburys bank (part owned by HBOS) The default was the most important. They made an offer on most of the charges but no mention of default. I wrote and told them my terms for accepting this. They did not respond and did not file defence. Judgement was entered in default but this was complete in that it did not mention default. A date of 5th June was agreed for judge to hear my request for amendment. Bailiff's warrant was issued but Sainsburys have now responded with application for judgement to be set aside. They say that the charges have been put back to my account (does not show on credit record though) and have stated in their application that the default should be there and the proof is on the statements. They have been asked in writing to prove the existence of the default and that it was issued plus the deed of assignment to the three debt collectors whom they have used. The CRA's refuse to remove the default and despite the notice of correction it is causing me a real problem and has done for three years. I have checked with the court and have been told that I can set further information before the judge. However, is there any merit before the court date of June 5th (their application is to be heard at the same time as my application for amending the judgement) of me making an offer to sainsburys to settle the debt minus the charges but to include complete default removal. I have made them offers on some three occasions

 

I would really appreciate some serious advice on strategy and next moves here. Sainsburys have made my life hell over the last three years and now this one default is having an impact as I am just starting up in business

 

So can someone help me on this one please?

[100mel]

Sainsburys's Bank - did not answer my offer letter to settle, did not file defence as they stated so judgement was entered on written advice from court. Two further letters were sent before bailiff's warrant was issued. They have now applied to court for judgement to be set aside enclosing copy of my terms of settlement letter, claiming that they put charges back to my account. No proof of this whatsoever and Experian balance remains the same. They also have not removed default which was part of claim. Both these issues are due to be heard on same day and time - June 5th. Grateful for advice as to my strategy here and how best to prepare? On what grounds can they have judgement set aside? To my mind this is an abuse of court process

 

Help and advice - anyone out there

[barracad]

11 threads merged - please stick to one thread

[100mel]

Has anyone used a solicitor they might recommend? I am going around in circles here - Sainsburys can't prove a default - CRA's won't remove it and tell me to contact Sainsburys - I want to settle the remaining debt and remove the default minus all the penalties and don't know whether to make this offer before the hearing on set aside or not? I think I probably need a solicitor - can anyone help PLEASE????????????

 

Thanks and hoping

 

Mel

[jonni2bad]

Sending you a PM