Sole trader intends to sue for non-payment

[CYNthesys]

Defendant acknowledged Sole traders money claim but hasnt complied with courts order to file file and served their witness statement and evidence by 2nd january. What happens next please

[pt2537]

Defendant acknowledged Sole traders money claim but hasnt complied with courts order to file file and served their witness statement and evidence by 2nd january. What happens next please

Was this allocated to the small claims track?

[CYNthesys]

Yes, small claims. Money claim online transferred to local court

[pt2537]

Yes, small claims. Money claim online transferred to local court

Ok , it depends on how the Court proceeds with this, some judges will let them off if they are late, some wont, ive dealt with cases where ive been in Court arguing that the other side were late with their evidence and shouldnt be allowed to rely on it, and the judge has simply said youve read it, you know what they are going to say, its a small claim so get on with it.


The view is different when dealing with fast track or multi matters, but some times in the small claims track the Court takes a more relaxed view.

Now you can apply to the Court for an order requiring them to comply, the Court would most likely make an order, you could ask for an unless order which would mean if they still dont comply then they are struck out.

[CYNthesys]

Waiting for a reply to an email sent to the Court Manager as I think the court staff have messed up. Basically claimant complied with order dated 27th November requiring WS and evidence to be filed and served by 2nd January. Defendant failed to comply. On 20th January 24 further order dated 20th December was received in post requiring WS and evidence to be filed and served plus a trial fee of £134 to be paid for 2 hour trial listed to be heard in April. I think the court staff have maybe got their wires crossed somewhere? If the claimant is successful is the trial fee usually added onto the sum awarded?

[atticus]

If the claimant is successful is the trial fee usually added onto the sum awarded?

Yes, it is.

[CYNthesys]

Good news, sole traders claim was successful. Just one query - I always thought that if payment was made within 28 days it wouldnt go on court CCJ records. Judge said defendant needed to pay within 21 days or CCJ would be recorded. Have the rules recently changed?

[atticus]

I don't think so, but if that is what the defendant thinks and if he pays faster as a result, don't complain!

[R0b]

Good news, sole traders claim was successful. Just one query - I always thought that if payment was made within 28 days it wouldnt go on court CCJ records. Judge said defendant needed to pay within 21 days or CCJ would be recorded. Have the rules recently changed?

You are not wrong, but to clarify, non-contested claims i.e. default judgments should be registered immediately and for contested claims, the CCJ would typically be registered when enforcement action is taken. If payment is made within one month, the CCJ (if registered) will be removed.

However, the process of registering judgments is different to when payment of a judgment should be made and that's covered under the CPR. Under CPR 40.11, the usual rule for complying with a judgment is 14 days but the court has discretion to deviate from that rule, see below.

Time for complying with a judgment or order

40.11 A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by instalments);

(b) any of these Rules specifies a different date for compliance; or

(c) the court has stayed the proceedings or judgment.

[CYNthesys]

Thank you. The Defendant attended the hearing, she did contest the claim, but had failed to provide a witness statement etc. Judge did mention 14 days to pay, but gave her 21 days to pay and advised it could impact her credit record if she failed to do so

[CYNthesys]

Would the Defendant pay claimant direct or would it be paid via court

[CYNthesys]

BUMP

[R0b]

Payment of a judgment debt should be direct to the claimant unless the court orders otherwise. The claimant should notify the defendant of how it wishes to be paid but cannot force the defendant to pay using a particular method. Quite oftne, payments are made by bank transfer but some businesses and individuals like to pay by cheque.

Claimant should offer their bank details for prompt payment otherwise wait until there is non-payment and consider taking enforcement action.

[CYNthesys]

Thank you, If defendant pays the successful claimant within the ordered timescale which party informs the court to avoid the CCJ from being registered

[Pezza54]

The defendant completes and files form N443 providing evidence that payment has been made

With MCOL the claimant updates the claim status online and informs the defendant the claim status has been updated
The court takes 2 working days to update