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Court claim questions

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  • Court claim questions

    Hello

    I'm considering bringing a civil claim against a business and have a few questions.

    For background the only assets I have is £3500~ car and £4000 in a LISA. I also have circa £50,000 in unsecure debt.

    1) Fee remission - disposable capital

    I have £4000 in a LISA account, I can't withdraw this without a penalty. I know ISAs are included in the disposal capital calculation. Does that include a LISA? Or does the 'pension' like quality make it exempt?

    2) Fee remission - income criteria

    I am employed by a personal service company. Director of 1 man limited company). I receive £712 a month salary and can withdraw dividends as and when appropriate from retained profits.

    Myself and the limited company I own are two separate legal entities. My limited company has full discretion on how much dividends to declare.

    Would I be within the rules to not declare any dividends for 3 months so my only income into my personal account is £712/month?

    3) Amount claimed

    The true amount that I believe I could claim is well in excess of £10,000. However am I able to claim £9,999 to keep it in the small claims court? I'm aware it could still put on another track due to complexity. However will the judge see that I'm clearing 'under claiming' and put it on different track?

    Thanks
    Tags: None

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SHORTCUTS

Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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