phoenix O/H v HSBC

[Tempty]

Re: phoenix O/H v HSBC

Good luck with this one Phoenix
I'll be watching with interest

[thephoenix]

Re: phoenix O/H v HSBC

Another update......albeit a little late


Ex has just phoned court,

they told her the following:

JUDGMENT FOR CLAIMANT

DEFENDANT TO PAY £XXXX.XX WITHIN 14 DAYS

So the hard work finally paid off....:roll: :roll:yeeeyyyyyyyyyy

Feel free to applaud msl:



So as this was up front PPI, the original loan will to be recalculated. Anyone want to volunteer?

[Amethyst]

Re: phoenix O/H v HSBC

:clap: :clap: :clap: :group: :hugsss: :group: :clap: :clap: :clap:

[iancognito]

Re: phoenix O/H v HSBC

[thephoenix]

Re: phoenix O/H v HSBC

[Paule]

Re: phoenix O/H v HSBC

I think he must go to the same dentist as me...lol

And well done getting your PPI back :clap:

[WendyB]

Re: phoenix O/H v HSBC

You're on a roll at the moment - WELL DONE :roll: :clap:

[enaid]

Re: phoenix O/H v HSBC

Nice one phoenix, :okay: it's been a lovely day today so far on here lets hope it carries on:roll:

[thephoenix]

Re: phoenix O/H v HSBC

thanks... it has hasn't it

lets hope it's catching.

[Amethyst]

Re: phoenix O/H v HSBC

Thought I best formally congratulate you.

Errrr

Congratulations

[Xena]

Re: phoenix O/H v HSBC

EXCELLENT NEWS MY DEAR! WELL DONE YOU DESERVE IT!!

:carrot::carrot::carrot:

[thephoenix]

Re: phoenix O/H v HSBC

Right....finally received the official judgment order today. yeyyyyyyyyyy

Although the notice mentions payment by the defendant, to the claimants within 14 days, I'm sure I need to send a reminder. There aslo be no reference to allowing the Judgment to be set aside. They did not attend the hearing and no documents were submitted to the courts, so I'm wondering whether they gonna come back with the ".....we were not aware of the hearing date....blah blah blah......."
We gave notice pursuant to CPR 27.9, were as they did not. :shush:

Date of Judgment 15/10/07
Date of notice 22/10/07

So... a letter something like this? Wot you all think???
Do you reckon I should separate the two issue's ???


claim number xxxxxxxx

You will be aware by now that a judgment was entered against you on 15/10/07 for £xxxxx. District Judge Merrimen ordered that the total claim plus cost totalling £xxxx, be paid to the claimant within 14 days of the order. Please see judgment attached.
If the judgment is not paid in full within 14 days from the date of judgment, I will have no alternative but to issue a warrant to recover the full amount.
If this action is required you will incur further costs, and bailiffs will visit your premises to collect the monies owed if this is not forthcoming, they will levy on any goods present to the value of the claim.
I require a cheque made payable to Miss xxxxxxxx in respect of the judgment.

Furthermore, the loan in connection with this claim requires a re-calculation from the day of inception. Any outstanding balance ( if any ) should not include any PPI credit or any interest in connection with the PPI credit.
Therefore I require you to forward me the new balance of account or if any overpayment's have been made a seperate cheque made payable to Miss xxxxxxxxx.

I look forward to your urgent response on this matter.

Your Sincerely

No further warnings will be given.

[WendyB]

Re: phoenix O/H v HSBC

Errm, I'm just thinking that this might poke them into action. Am I being naive to think that it might be best not to do anything till the 14 days is up? Is there a set period beyond which they can't apply for a set aside? cos if there is would it be best to wait for that to expire, then write to them when there's nothing they can do to change it? I'm probably talking rubbish here as i've never been in this situation myself though. And doesn't the law state that ignorance is no defence lol.

[thephoenix]

Re: phoenix O/H v HSBC

Ahhh good point.

CPR 27.11

(1) A party –
(a) who was neither present nor represented at the hearing of the claim; and
(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside (GL) and the claim re-heard.
(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.
(3) The court may grant an application under paragraph (2) only if the applicant –
(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and
(b) has a reasonable prospect of success at the hearing.

[WendyB]

Re: phoenix O/H v HSBC

Crikey I must be more awake than I thought I was! Best to leave them asleep for the next few days then? And then poke em with a big pointy stick with a nail in the end.