cobetts missed deadline **WON**

[oggy1]

hi everybody,
my personal account is at court on 15th august 2007 and we had to file all papers by 4pm friday 15th june.
Nat west , Cobetts have not responded at all to the judges order.
any suggestions now??????????????
amount claiming is £2464 +interest + court costs.
any help would be appreciated

[hedgey06]

Hi oggy, I think it's worth phoning the court tomorrow and taking further advice. They may have submitted their documents late (although I'd be surprised......... I don't they've got a bundle in yet!!!!)

Give them a ring tomorrow and let us know what they say - we can advise you further then. Good luck, hedgey x

[oggy1]

hi hedgey06,
phoned the court today and i am suprised that they have not responded to the court order.
the court said i can apply for judgement or just wait till court date.
any ideas
thanks

[hedgey06]

If the court have advised that you can apply for judgement............ I'd personally be inclined to do so!!!

[oggy1]

hi,
thats what i shall be doing ,
do you know if it has to be a specific letter with legal quotes etc. ???????????

[hedgey06]

Try this thread GOT A COURT DATE? A guide to the later stages it's got some really useful links in (including having a claim struck out!) x

[gizmo111]

I would ring them as if you get judgement they wil lapply for sety aside which will delay things further. Cobbetts in general have always been pretty good about paying out after AQ - so it seems that yours may have slipped the net.

[oggy1]

hi Gizmo,
thought i would try and ring Cobbetts, so i did, today at 14.15 , had all the runaround that was ridiculous, gave them thier ref no and they could not find the file or who was dealing with it, so now going to apply for judgement.
any ideas ???????????????

[hedgey06]

Read this thread before taking any further action http://www.consumeractiongroup.c o....tml#post485266 and follow the advice on it.

[oggy1]

thanks hedgey,
i wish i would wait sometimes for good advice.
i got a bit impatient and drafted a letter to the judge requesting judgement.
oh dear , was that the wrong move?????????????????

[seen the light]

ho oggie1

I do not know the correct procedure to the letter but am sure someone will respond this morning.

however , i would imagine that you could write to the court/judge , asking that your initial response ( the one you said you did yesterday ) be disregarded as , after a considered opinion it was submitted in haste as a result of the defendents solicitors , an extremely professional and well regarded law firm , acted in an intimidatory manner which had enraged you and request that the judge allow the document you hereby enclose ( ie the one with the link to in the above post ) be submitted with an apology for any inconvenience this substitution has caused.

hold fire though , im sure hedgie ( she never sleeps ypu know , appears to monitor & respond 24/7 !!! ) or someone more knowledgable than myself will reply this morning.

watch this space

stl

[hedgey06]

Great response seen the light! Oggy, you could either do above or let the letter ride - either way, I don't really think it'll make much difference at this stage. Whether the judge will strike out their defence or not is another matter. It may be that he'll just give them another date ordering them to submit documents by xxxx. You're clearly on the final leg now though, so don't worry - the phrase 'cheque's in the post' has some validity this time!! Let us know what happens. xx

[oggy1]

thanks for the advice , i am going to just sit back and wait.
keep you posted.

[sheff utd]

Hi
I am in the same boat i responded to the order last Monday Cobbetts have not, i've also used the letter, but i've asked if they would care to discuss a realistic offer, i'll give them another week and see what happens, i have already had a judgement set aside once, it just seems to be that Cobbetts can do what they like!

[oggy1]

hi sheff utd
i will bw waiting with baited breath to see if i get judgement.
my court date is for the 15th august 2007 , 3 days after i get back from holiday.
i was hoping it would all be settled by then.

I rang Cobbetts and they kept me on the phone for 1/2 hour and then told me that they have no records of my case even though all stuff was sent registered to them.

[oggy1]

great news or is it,

just heard from Oxford court today that the defence has been struck out and i can enter judgement for the full amount plus interest and expenses.

any help what to do next would be appreciated.

[hedgey06]

Oggy that's brilliant news! Have a look through here Wasted Costs order and I think you need to contact the court about the judgement (sure there's a form you need to complete????) Soz - in work at the mo!!

Great news though - well done!!

[oggy1]

does anybody think i should ring cobetts for settlement before i enter judgement ????????????????

[steven4064]

Originally Posted by oggy1

does anybody think i should ring cobetts for settlement before i enter judgement ????????????????

I wouldn't bother, the court has told you that you can enter judgement - do it!

With reference to your earlier post, can you give us the text of the order striking out NatWest's defence, please. And which court was it?

Steven

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[oggy1]

thanks for the reply,
i will as soon as i get it as i rang the court to find out .
they told me to enter judgement.
this is at Oxford cc.
is there a form to complete or does it come with the order.
thanks