Can the bank ‘UNCLEAR’ cleared funds?

[des8]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Good to have something to do:tinysmile_cry_t:

I'm not surprised at the bank's belated response.
Funny that the court didn't receive their defence, nor did you although you should have been served with a copy at the same time.
Why not let the court know in an effort to make the bank file for set aside, and start to undermine their credibilty.
Every little helps!

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

yes, luckily I have nothing better to do

I will notify the court, thank you. I did ring the court yesterday but they said that I couldn't make any representations at this stage. I didn't tell them specifically when I received the bank's letter though so I will do that.

I wonder if they're reading this???

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Good morning,

As advised by my hero Des8, I rang the MCOL on Friday and told them the date that I received the letter from the bank. MCOL said they would put a note on the file but suggested that I confirmed it in writing as a judge would not necessarily look at the notes but would probably read any documents, so I did that.

I also did some detailed 'particulars' over the weekend and sent a copy of that to the court and to the bank by email. I rang the court this morning. With regard to the acknowledgment of service, it seems the court told the bank that the bank would need to send in proof that they had sent the acknowledgment of service in time but it seems the bank has not done this. There seems to be no time limit for the bank to send this in.

The court said the bank had notified them that they would apply for judgment to be struck out but they apparently have not yet done this. However, on the 15th I received a copy of the bank's 'defence' which included the request for it to be struck out.
Sooooo, then I thought that perhaps the bank's defence is not on the system yet. However, the court told me that they file responses from defendants by the next working day, so it should have been done by now.

The court said the judgment stands and I could go for enforcement but I think I need to allow the bank and the court a bit of time to sort things out.

I'm not exactly sure where I stand with this but at least I have got more 'particulars' to the court and the bank so I don't think I can do anymore at the moment but would welcome any thoughts on this.

best wishes,

Nicola

[nemesis45]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Getting close to going public and sending in the bailiffs Nicola??

[Amethyst]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Nicola, I'd stick with your logic. The bank will defend so give them the week to sort out the acknowledgement of service with the court, they've submitted a defence too, and have indicated they will apply to set-aside - there is really nothing to be gained by rushing ahead at this point, it purely adds costs. You have requested judgment in default and received it. This gives the bank a certain period to pay or challenge the judgment, so let that time pass and leave them to it. The court will inform you if they submit a formal set aside application or if they 'find' their acknowledgement of service.

If you want to amend your claim, you need to apply to amend, you can't just send them another one. You originally ticked the further particulars to follow, then told the court that was a mistake, then sent further particulars anyway.

You may well need to apply to amend the claim after this acknowledgment and defence is sorted out, it really depends if your further particulars are allowed or not.

I'd give the court another week or two to get things sorted out before even thinking about enforcement of a default judgment.

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

hi,

not sure exactly what to do nemesis45. It's difficult to know exactly what is going on. I'm just so amazed at the bank's actions. Did the bank send an acknowledgement in time? If so, why does it not send proof? It was an on-line claim, why would they not have responded on line? Did the court make a mistake? It seems unlikely as the court has had over a week to investigate and haven't come up with anything, but would the 'ethical' bank stoop to saying it had send an acknowledgment when it hadn't? Is the bank just stalling for time knowing that they cannot win the case? Are they trying to make this cost as much as possible to scare me off? Surely it realises that I won't simply go away by now.

It would cost to go for enforcement and if I did then presumably the bank could derail the enforcers initially if it said that it had served an acknowledgement of service etc??

Going public is obviously an option but it is too soon for that now I think. It is interesting that the bank's defence doesn't contain an actual defence though, just the outline facts of deposits and withdrawal dates that are undisputed. It does make a point of the fact that the cheque was from my mother of course!

Will wait and see for now

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

thanks Amethyst,

I only sent the extra particulars when the bank applied for the case to be struck out as there wasn't sufficient information. I had used every available character in the on-line claim form so assumed that was the level of information needed at that stage.

Are you saying though that I should apply to amend now? Won't it be too late after?

best wishes,

Nicola

[Amethyst]

Re: Can the bank ‘UNCLEAR’ cleared funds?

First you need to wait for this issue with the banks acknowledgment of service and defence to be sorted - at the moment the case is ended and you have default judgment. So they need to either apply to set aside the default judgment or show the court it shouldn't have been entered and have it set aside automatically.

Once that is sorted out you will be informed either that there's a set aside hearing, or that it is now a defended claim - and it is that point you would apply to amend your particulars of claim.

To answer your earlier query, yes the bank would have received a letter from the court, Judgment for Claimant (in default), informing them of the judgment.


( btw I've put the posts off the other thread over to this one so it is all together)

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

that's great, thanks so much,

best wishes,

Nicola

[des8]

Re: Can the bank ‘UNCLEAR’ cleared funds?

Hi
Just got back home.
Some excellent advice from Ame.:tinysmile_kiss_t4:
Just chill out and await developments, if any

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

yes, thanks, will do.

will probably leave it til May to be on the safe side (unless something happens before then.

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

hi again,

a minor update; the court has written today to say:

"We have no record of receiving an Acknowledgment of Service from the Defendant in this case, it appears that the Defendant has contacted us to query the matter and, if the case status changes, we will notify you in writing.

As we do not represent the Defendant we cannot comment with regards to their actions or the time they are taking to respond."

Is this the court's way of saying that they have investigated and the evidence is that the bank did not serve their acknowledgment of service or that there is no proof of it at the court? (bit like my cheque). If so, should I perhaps write to the bank and ask their intentions now that the bank has written (presumably to both of us?) before seeking enforcement???

What do you think??

[des8]

Re: Can the bank ‘UNCLEAR’ cleared funds?

I would let it rest for he time being.
The bank are clearly incompetent IMO. and you would not be able to rely on anything they told you.
Wait to see if they apply to set aside.
You said you received a copy of their defence.
If they apply for the original result to be set aside and they are successful the case will go to trial.
At that point you should file a Reply to the Defence, and serve it on the defendant.
You will also be given directions by the court

[Nicola Bell]

Re: Can the bank ‘UNCLEAR’ cleared funds?

hello des8,

thanks for reply, I tried to access your reply earlier but the site seemed to be down.

Yes, I'm sure you're right, incompetent or maybe playing waiting/wearing down games.

I don't think that they will actually apply to have it set aside though any more than that they sent the papers in on time. I think they are perhaps just waiting to see if I go away. There doesn't seem to be a time limit on them applying for set aside does there so they could just wait..........

Do you think that they won't pursue the 'Acknowledgment of Service' route now?

best wishes,

Nicola

p.s. just going out

[Amethyst]

Re: Can the bank ‘UNCLEAR’ cleared funds?

They have to apply to the court promptly. They have already made the court aware that they are dealing with the judgment/cock up with acknowledgement.