Halfords refuse to repair bike, but I won in the end

[enaid]

Re: Halfords refuse to repair bike

Any news on this?

[strugglingmum]

Re: Halfords refuse to repair bike

Hi, they filed an acknowledgment saying they would defend, but the 2 weeks passed and I'd not heard anything so entered a judgement 2 weeks ago and have just received confirmation that judgement has been entered against them. I'm assuming now that I just wait for them to pay.

[TUTTSI]

Re: Halfords refuse to repair bike

What it means is you can now send in the bailiffs to collect the amount of your claim and all expenses relating to the money claim, interest and charges.

Good luck

Tuttisi

Hi, they filed an acknowledgment saying they would defend, but the 2 weeks passed and I'd not heard anything so entered a judgement 2 weeks ago and have just received confirmation that judgement has been entered against them. I'm assuming now that I just wait for them to pay.

[enaid]

Re: Halfords refuse to repair bike

Fab, just do it by the book instructions are on here and well done for sticking with it.
Enaid x

[Sapphire]

Re: Halfords refuse to repair bike

Great news and well done for persevering, a lot of people would have given up.

[Guest]

Re: Halfords refuse to repair bike

Hi, they filed an acknowledgment saying they would defend, but the 2 weeks passed and I'd not heard anything so entered a judgement 2 weeks ago and have just received confirmation that judgement has been entered against them. I'm assuming now that I just wait for them to pay.

Why did you enter judgment without asking for advice first?

You may have just caused yourself a delay in getting what you want. A default judgment is very easy to defeat.

If you just wait, nothing will happen. This is your claim, you are in the driving seat so you must take charge and act, not wait.

[strugglingmum]

Re: Halfords refuse to repair bike

Why did you enter judgment without asking for advice first?

You may have just caused yourself a delay in getting what you want. A default judgment is very easy to defeat.

If you just wait, nothing will happen. This is your claim, you are in the driving seat so you must take charge and act, not wait.

Ok I seriously didn't know at all that I could do anything other than just send the form back filled in for judgement when they didn't defend

Help what should I have done? and what should I do now? Oh I thought I had done everything correctly and have been up to my eyes with work/kids/bills etc but really had tried to keep on top of this to the dates and act on them

Could you guide me to where I'll find the instructions for what I should be doing now instead of waiting please, Im at a loss sorry

[Guest]

Re: Halfords refuse to repair bike

No need to worry, all is not lost and that is not what I wrote. I wrote that you may have caused yourself a delay, since Halfords may choose to apply to have the default judgment set aside, which is very easy to achieve.

Send them this.

Dear

Claim Number XXX00000

You have not filed a defence for claim number XXX00000 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 apply for a warrant of execution, the cost of which will be added to my claim.

Yours sincerely

Once your deadline has expired and if Halfords have still not paid, you will need to request a Warrant of Execution by completing and filing an N323 Request for Warrant of Execution. The fee for this is £100 and this fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.

[strugglingmum]

Re: Halfords refuse to repair bike

Ok, done and will send recorded tomorrow. Thank you.

[basa48]

Re: Halfords refuse to repair bike

Without wishing to 'rain on your parade', I hope they don't use the same tricks as a creditor has done against me.

I obtained a default judgment (twice in fact!) for about the same amount and threatened a WoE. They applied for a set-aside on the grounds that an office junior filed the original claim form as completed before the acknowledgment. The judge bought it!

They didn't file a defence a second time around, this time they claimed they didn't receive notice of the hearing. Again the judge bought it.

Now at the third attempt after getting struck out, I don't think they thought they could risk it again so we have actually got to Aqs prior to directions.

I started this claim in June 2009 !!!

[enaid]

Re: Halfords refuse to repair bike

I think that is what Cetelco was trying to get across to you SM. All is not lost please don't give up,just keep us up to date with anything you hear.
Enaid x

[basa48]

Re: Halfords refuse to repair bike

I think that is what Cetelco was trying to get across to you SM. All is not lost please don't give up,just keep us up to date with anything you hear.
Enaid x

I thought that as well but didn't want to jump in in case there was another reason.

Anyway - another creditor whom I had a DJ against, I waited 6 months (I actually forgot :tinysmile_grin_t: ) before writing to their CEO demanding they paid up. They did - I think after 6 months it was far too late to apply for a set aside.

Hasn't stopped them from threatening legal action against me for the balance amount though :tinysmile_cry_t:

[strugglingmum]

Re: Halfords refuse to repair bike

Well surprise surprise I haven't heard a peep from Halfords, now I really need to have another go at getting the court fees re-assessed as £100 will be impossible for me to find any time soon and I believe that's the cost of the Warrant of Execution. I'll pop down to the court tomorrow and get the ball rolling on that.

[Guest]

Re: Halfords refuse to repair bike

If you cannot afford the fees right now, then complete and file an EX160 which allows that fees can be waived or at least reduced. In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship.

Even though you may not be exempt from paying a fee but think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission. At all times Court staff must ensure that they meet the statutory obligation contained in s.92(3) of the Courts Act 2003 of protecting access to justice.

"(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied."

The exemption and remission applies to all fees, not just the fees for the N1, but also the AQ, N244 etc.

The test for remission is based on both income and expenditure—it takes full account of all of a person's commitments and liabilities not just how much money they have or receive.

This is not means tested, it does not matter what you earn. What matters is whether or not the fee for filing your claim will cause you financial hardship. That means right now, when you need to file it. If you do not have the money to file your claim then that qualifies you for remission.

By law you are entitled to access to justice as and when you need it - not just when you have some spare cash.

[strugglingmum]

Re: Halfords refuse to repair bike

WOWWWWWWWWWWW received a cheque this morning for full amount of judgement!

Hadn't got the ex160 'assessed' by the court yet, still waiting for them to 'decide' if they'd waive the fees for the warrant of execution... and now I dont need to worry!


Thank you all, Enaid and Cetelco especially