Court Tells Claimant To Repay £8k Settlement Paid In Error

[EXC]

A very unfortunate case this. It seems that both the court and the bank have made a complete mess of this.


Very Urgent Help - The Consumer Forums

[TUTTSI]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

Unbelievable - makes you wonder if our legal system is just only one sided - in this case on the side of the banks. Because I am sure if we were too late a judgement would definately be awarded aginst us.

[Sapphire]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

Just read it christ it makes you sick doesn't it.

[PocketTheDifference]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

Can you paste it here Exc or one of you guys, can't read it, I would however what i can gather say i've spent it ALL on clearing debts then see what they say

[EXC]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

Hi All,

we took the halifax bank to court regarding bank charges and won, however the bank are now taking my wife and myself to court on 12th April 2010 with a view to gettng ther money bank ?????

On 23rd November 2009 at Chester county court we won by defualt as the bank did not file their Allocation form by th date set by the court which was 16th November 2009. As the clam was over £5k we had to apply to the high court so the high court enforcement officer could collect the funds, they called to the bank on 16th Jan 2010 and the bank paid in full in costs. We had to wait 14 days before the funds were sent to my wife and my self and we had the funds on 1st Feb 2010.

The bank wrote to the court stating they can file a defence now and have asked the court to have the case stayed and have the funds returned as they were in fact sent in error. We have wrote to the court butn herd nothing asking for the judge to throw out ther request.

How can a large bank loose a case pay in full and now ask for the funds back by taking court acton against us, we have spent the funds so unable to return them but why should we as we did anything by the book.

I called the bank solicitors SCM and they confirmed that they want the funds back, is it correct what they are doing


pleeeeease help
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Hi i have listed below the paper trail of the case, the sum which was claimed was £7,442.00


1, The claim was filed on 16th Sept at Chester county court

2, Defendant filed acknowledgement of service on 2rd Oct 09, which stated they have 28 days to file their defence and the date of 10th Oct 09 was set.

3, We also were asked to file our allocation questionaire by the same date ie 19th Oct 09 4pm, which we did and had to pay the fee when filing.

4, On 4th November 09 the court sent to the defendant a general form of judgement order ordering that they file ther allocation questionaire by 16th November 09 by 4pm, and quoted the following ( unless the defendant files their allocation questionaire by the date set the the defence be struck out ) they did not file any papers at all.

5, On the 18th November 09 we confirmed with the court that the defendant had NOT file any paperwork which was requested therefore we applied to have the order granted.

6, On 23rd November 09 at the court the judge granted the order, they confirm again the order was granted.

As the order was atb the local county court and the value was over £5k we had to apply via the High Court Enforcement first which we did on 16th December 09, once the papers were completed the high court officer collected the funds inc costs on 16th Jan 2010. We had to wait 14 days before the funds were released and they were released on 1st Feb 2010.

7, We had a letter from the defendants solicitors stating they now have a defence and intend to file to the court asking for the claim to be stayed ??

8, The defedant wrote to the court and file some paperwork.

9, On the 5th Feb 2010, we had sent to my wife and myself a form, general form of judgement dated 5th Feb 2010, it states the following:

Execution of the judgement be stayed pending the outcome of the defendants application to set aside judgement

10, The court wrote to me stating a hearing date of 12th Aprl 2010 has now beens set !!!!!!!!!

But how can this happen as far as we can see the defendant was given plenty of time by the court to file the defence, we file anything which was asked and copy to the defendant. Now the defendants solicitors have called me asking for the funds statng ther were sent in ERROR.

We have wrote to the court outlining the timescales and the paperwork which clearly shows the defendant lack of effect, but now we are very upset the way the defedant is acting, can the court order the return of funds ? which we do not have. Then defendants solicitor did state they will start action to recover including solicitors fees so pay up they said.

Can anyone help pleeeeeease
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Its a very sad day, we went to chester coutry court today, after a hearing of 15 mins to be told we have to repay the funds to the bank, as the judge argeed that if the bank had filed their paperwork on time the case would have been stayed. But as the case was won by default and the bank paid funds in error, the case should be heard.

Therefore we have been told by the judge if we want the case to go to trial it would cost a hugh amount of money, there he stated we should talk the the defendant ie the Halifax with a view to repaying the £8k

Not sure how they intend but we can not replay this amount at the present time, and why should we the judge even confirmed that we had completed all the court papers correctly, but as the bank claim they did get the unless order which clearly stated dates and timescales when they needed to file and for this reason the judge has amended the claim

WHAT A JOKE THE JUDGE EVEN TOLD ME THAT UNLESS WE REPAY THE BANK COSTS TENS OF THOUSANDS, THEREFORE REPAY NOW AND THE SOLICITOR JUST SMILED

The bank have offered a loan, but theirs no way as we have just lost our home and just getting over my bankrupty

pleeeeease help

[TUTTSI]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

If this person is getting over bankruptcy and lost their home already, would they not be entitled to legal aid? it seems our MP's can obtain Legal Aid?

[Dougal16T]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

Morning all

I notice that the bank seem to place very heavy emphasis on the fact "they did not get the 'unless' papers in time". Where is the proof? What evidence is there to support/defeat that?

How were the papers sent to them from the Court? - was the DX system used, if so there will be a ref number.....usually when documents are received by a Banking insitution they will be date stamped on the day of receipt - I suggest that the Bank produce the document/s to prove that they did not receive them. This may well be VERY difficult. These could be obtained under disclosure - could they not? It would certainly provide the evidence (which seems to be lacking) to help the Claimants decide which way they must proceed.

Whist a Judgement can be set aside, it can only be set aside if the argument for so doing is (a) accurate and (b) truthful. I doubt the latter.

A good solicitor will make mincemeat out of this - but the Claimants (who now appear to involuntary defendants!) MUST GET SOME LEGAL ADVICE AND LEGAL AID NOW!!

As always

Best wishes to all

Dougal

[QCKate]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

im gobsmacked at this. how about applying for leave to appeal to supreme court then sending a draft appeal document to the bank giving them an oportunity to back down? Or is that crazy?

QCK

[Amy]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

This is the problem with default judgments; the cases have not been won when a judgment in default is obtained. It just means that something along the way got missed or forgotten, which is what has happened here.

Most payments, like the ones most of us received for our bank claims, were made as a 'gesture of goodwill' and are, therefore, unreclaimable.

If this person had been a member of this site, he would have been advised against going for a judgment in default.

[enaid]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

I mentioned yesterday about it being a 'gesture of goodwill' wether anyone over there has asked that I don't know.

[Amy]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

I mentioned yesterday about it being a 'gesture of goodwill' wether anyone over there has asked that I don't know.

It was not a gesture of goodwill, it was a default judgment, which is why they are claiming it was paid 'in error.'

[enaid]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

It was not a gesture of goodwill, it was a default judgment, which is why they are claiming it was paid 'in error.'

I know lol I just thought they may have put it 'in error' in the letter they wrote.

[Flangies]

Re: Court Tells Claimant To Repay £8k Settlement Paid In Error

I just read it and I feels soooooooo sorry for these people. How the hell are they going to pay this money back.

Ludicrous!!