Non monetery judgement by default

[MondeoST24]

I'll try and keep this brief.

 

1. Issued a claim against Halifax for charges plus removal of an associated default.

2. They filed AOS

3. They wrote to me including a cheque for the full claim amount in full and final settlement. There was no mention of the default issue, it was a standard template letter that i've seen hundereds of times on here. I have not banked the cheque and dont intend to.

4. I wrote back saying my claim would proceed unless it was settled in full including the default issue.

5. The acknowledgement of service has expired. I am now able to enter judgement.

 

BUT

 

6. The part of the claim form that allows you to do this is geared up for money claims only, how can I also request either a hearing or even better a judgement by default ordering the default removal. Is it as simple as a covering letter to the court? Or a different form?

 

Any help appreciated.

[maybelline]

not sure but how about informing the court you have only accepted part payment or in part their offer and that you will proceed with your claim for the defualt removal. and ditto to them, forcing them to follow through or just get on and remove it as full and final?

 

I have applied for default removal on grounds re unfair charges and no notice of default, I provided evidence of my requests for a copy of this inthe POC, but it is for the Judge to decide whether it shoud go to a hearing or give a judgement right off.

[100mel]

I was in exactly the same situation with Sainsbury's Bank which is 50% HBOS. My claim was for both charges and default removal. They offered charges, made no mention of default and just credited charges back to the account. Default judgement was entered but made no mention of default so I had to go back to court as sainsburys then applied for judgement set aside - judge hadn't read my witness statement and said that he didn't think he could rule on it - Sainsbury's turned up as they use local solicitors all over the country . He adjourned the case until september but I've decided to discontinue and file a new claim solely for default removal on the basis of a settled account and penalties as the original claim was not detailed enough

 

I'm really hoping that someone on this site has maybe gone through a court claim on this who might be able to offer advice on claim drafting as the issue of default markers is actually the most important in the effect that it has on people's lives and credit rating. The only thing the CRA's will respond to is an appropriately worded judgement

[maybelline]

have a look at some of the many 'removal of default' threads, although they mostly are applying by letter, some are approaching the courts and ICO and have relevant information on telling credit ref agencies to remove the information once accounts are officially closed. hope this is of help:)

[maybelline]

thinking aloud, wonder if anyone has a POC for non monetary claim - Agreement Unenforceable (or would this have a possible monetary element depending on what was paid under inaccurate terms?)

[ASIIndustries]

Hi maybelline, `dayglo' has done this, but lost on a technicality, his POC's will be in here somewhere within the 37 pages, or why dont you just PM him.

(The Consumer Forums)

[maybelline]

thanks, I will watch out for the technicality issues!

[Azazal23]

Hi i am currently awaiting my hearing in Oct for Barclays, this is soley for default removal plus costs. For me current account/bank defaults is still a very gray area i am finding it really hard to get a definative answer as to weather we should be receiveing a "default notice". I have spoken to many differnt people inc a solicitor and i am getting mixed answers. But the CCA is clear that we should receive a notice before a, they can terminate the account b, register a default