Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Give it another 7 days after that and ask the court to enter a judgment by default. Then if theres no sign of any money you would be looking at enforcement.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Okay.

Thank you very much.

:tinysmile_grin_t: x

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

You can give the court a buzz to ask if the claims been acknowledged too, but I think there isnt much point for a little while after deadline due to the postal strikes.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi there,

Another update.

Yesterday I received a letter stating the following:

Notice that Acknowledgement of Service Has Been Filed date 27th October 2009.


"The Defendant filed an Acknowledgement of Service on 22nd October 2009

The Defendant responded to the claim indicating an intention to defend all of the claim.

The defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence."


Is this a waiting game now to the deadline date, as to my next steps?


Regards,
AdvS1.

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Yes just a waiting game for their defence now

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Thank you Ame x

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Guys,

I hope everyone is keeping well?

Update:

As per today’s post, I hadn’t received any correspondence from the defendant.
I called the Court today to get the latest state of play on the defendant’s course of action.

The Court has not received any paperwork from them in defending the claim and the due date was Tuesday 17th November 2009.

I was advised that I should fill in the N205A Notice of Issue form and to fill in the bottom half of it stating my Request for Judgement and to send that to the Court.

So, as far as I’m aware, should I :

1. Tick Box A stating the defendant has not filed an admission or defence to my claim or an application to contest the court’s jurisdiction?


2. Tick any boxes under Box B e.g
[ ] the defendant has not made any proposal for payment.

　
3. Box C, I don’t know the defendant’s date of birth.


4. Box D Judgement Details. Which box should I tick?

I would like the defendant to be ordered to pay

[ ] immediately?
[ ] in full by ………………………?

Amount of claim as stated in claim form (including interest at date of issue) ..................
Interest since date of claim (if any)…………………?
Period: From …………….? To……………..?
Rate:…………………%

There are no Court fees ( I used my WTC form)
There are no Solicitor’s costs on issuing the claim
There are no Solicitor’s costs on entering judgement
There are no amounts to deduct as payment has not been received

Amount payable by defendant ………………………..?

　
Part E
Objections to the defendant’s proposal for payment

Do I leave this section blank?
　

Look forward to your reply.

Regards,
AdvS1.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hello Guys,

I'd just like some clarity on this part of the form, as I want to go to the court with it tomorrow.

The two points stated below, do they relate to the original information stated on the claim form already submitted or do they relate to additional interest from the date after the claim was submitted till now?


"Interest since date of claim (if any)…………………?
Period: From …………….? To……………..?"


I really appreciate your input.



Thanks,
AdvS1.

[TUTTSI]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hiya Adsv

Sorry that no one has answered your post, but today is the Sumpreme court judgement on the bank charges case and many of LB's have gone to the hearing in London.

I am sure someone will help if you could hang fire for at least today.

Tuttsi xx

[enaid]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

The two points stated below, do they relate to the original information stated on the claim form already submitted or do they relate to additional interest from the date after the claim was submitted till now?


"Interest since date of claim (if any)…………………?
Period: From …………….? To……………..?"

Yes I would add 8% from the last date to the present date and then submit.
If you are wrong in doing this they will soon let you know.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi there Tuttsi,

Thank you very much.
I didn't realise yesterday's significance and LB's involvement, so I'm glad you told me x

Hi Enaid,

Thank you for your reply.


Take care ladies.

AdvS1 xx

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Good Afternoon peeps,

How are you all?

An update:

This morning I received a letter from my local court dated 02 December 2009. It was an N30 Judgment for Claimant (in default).

Details below:

"To the Defendant

You have not replied to the claim form.

It is therefore ordered that you must pay the claimant £xxxx.xx for debt (and interest to date of judgment) and £0.00 for costs

You must pay the claimant a total of [£xxxxx.xx] forthwith



Is there anything more I need to do?
Do I now await reponse/payment from the Defendant?


Regards,
AdvS1.

[TUTTSI]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Wow - thats good news.

Someone with more knowledge will be able to answer you on what the next step is with regards to the judgement.

If they do not pay I believe you can get the bailiffs to go in.

Tuttsi

I guess if they don't

Good Afternoon peeps,

How are you all?

An update:

This morning I received a letter from my local court dated 02 December 2009. It was an N30 Judgment for Claimant (in default).

Details below:

"To the Defendant

You have not replied to the claim form.

It is therefore ordered that you must pay the claimant £xxxx.xx for debt (and interest to date of judgment) and £0.00 for costs

You must pay the claimant a total of [£xxxxx.xx] forthwith



Is there anything more I need to do?
Do I now await reponse/payment from the Defendant?


Regards,
AdvS1.

[AdvS1]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

Hi Tuttsi,

Thank you masbeagle xx

[Amethyst]

Re: Claiming Against a Consumer Credit Act Claims Management Company - Advice Needed

This was written agesssssss ago by Cetelco (I think) and for bank claims but the basis is the same for any claim

Option One – File for Judgment in Default

In order to file for Judgment in Default and provided that your claim does not exceed £5000 you must complete an N227 Request for Judgment by default or complete the Request for Judgment section of the N205A Notice of Issue the court sent you when you filed your claim.

Once you have obtained Judgment in Default, in order to enforce the judgment you will then need request a Warrant of Execution by completing and filing an N323 Request for Warrant of Execution. If your claim is for not more than £125 then the fee for this is £35, for any sums over £125 the fee is £55. This fee is automatically added to your claim, however, if your warrant should fail for any reason, you may not recover this fee.

At this point your money will be collected by a Court appointed bailiff, however, the idea that a burly gentleman will barge into your bank branch, clutching official documents and then demand money with menaces and leave with your cash is a fanciful myth.

Court appointed bailiffs only work between 10 and 4, they write to the defendant first, then do nothing for 8 days, then write again, are not allowed to enter premises by force and will almost always leave empty handed having struck a deal with the debtor.

In cases where the defendants do pay, the money is held by HMCS for a further 14 days in case the payment is reversed and then it is paid to the claimant by the court, but many courts only issue cheques once a week therefore you may suffer yet further delays.

If your claim is for over £5000 then you must issue a High Court Warrant or a writ of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. This will be collected by a High Court Enforcement officer of Sheriff’s Officer.

However, if your claim is over £600 you may also have this collected by the High Court Enforcement Officer.

The High Court Enforcement Officer can force entry into commercial properties, including shops (and of course banks) in order to execute the writ and they are paid on results, although High Court procedure is different from county courts and can be complicated and more expensive.

If you decide to issue a warrant in the High Court, you will need a Certificate of Judgment. This has details of your case and says how much you are owed. To request this you need form N293A Combined certificate of judgment and request for writ of fieri facias or writ of possession.

When you get form N293A, you must complete part 1, and send it to the court where the judgment was made. If you do not complete it fully the court may have to return it to you. You must state:

• the date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and
• the total of any interest that has accrued on the judgment, and if appropriate, the daily rate.

As with the County Court however, if your warrant fails for any reason then you will not be able to recover the costs, which in the High Court can run to over £1000.

Option Two – Give the Defendant extra time

An alternative course of action is to give the Defendant extra time to either file an Acknowledgement of Service or a defence, or to settle the claim before issuing a Judgment in Default.

Judgment in Default is not a win despite what it may appear and the Defendant has very probably missed your claim, whether through incompetence or ineptitude, the reason will be not important to the court.

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.

Therefore, it might be wise to give more time simply because, by writing a letter such as the one below, you wait just seven more days. Despite the fact that you may be able to obtain a Judgement in Default 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.

In practice, an application to set aside a Judgment in Default is almost always granted as Judges prefer cases to be settled on merit, not by default and on balance, it is seen as better to give the Defendant extra time and avoid a potentially devastating judgment. However, the court can and often does order conditions to be satisfied first.

Furthermore, if the Defendants apply to set aside the Judgment in Default then you will be required to attend a set aside hearing and if you object to the Judgment in Default you may be liable for the costs of that hearing if the set aside is granted.

If you do manage to get a Judgment in Default and apply to enforce the judgment with a Warrant of Execution then the Defendants 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.

N323Request for Warrant of Execution