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Multiple Invoice County Court Claim

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  • Multiple Invoice County Court Claim

    Hi,

    I have issued a county court claim after sending a late payment demand and the client ignoring it. There is now another invoice overdue for payment. Am I correct in thinking that I must issue another demand for payment and issue another claim if they don't pay which I know they won't based on not paying the other?
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  • #2
    Originally posted by scedminc View Post
    Hi,

    I have issued a county court claim after sending a late payment demand and the client ignoring it. There is now another invoice overdue for payment. Am I correct in thinking that I must issue another demand for payment and issue another claim if they don't pay which I know they won't based on not paying the other?
    You say they have ignored it, how many days since the claim was submitted?

    You could apply to amend the claim for the second invoice, but you wouldn't get the cost of doing that back. If you issued a second claim the cost of that claim would be included in any judgement should you succeed and therefore recovered.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      The short answer is yes.

      Comment


      • #4
        Not exactly because if it’s been 14 days or more and no acknowledgement of service has been filed by the defendant the OP can request Judgement in Default on the live claim.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Originally posted by jaguarsuk View Post
          Not exactly because if it’s been 14 days or more and no acknowledgement of service has been filed by the defendant the OP can request Judgement in Default on the live claim.
          Have you read OP's question?

          Comment


          • #6
            Originally posted by CLL1 View Post

            Have you read OP's question?
            Yes and I answered it in post #2, however failing to point out that they could achieve a Judgement in Default would be poor form given the background information provided.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              The question is will OP need to issue a new claim for a new debt. The answer is yes. Spending £255 to amend a claim just isn’t an option when issuing a second claim is easier.

              Comment

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