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Small claims - trader-legal home insurance

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  • #16
    Have you received his defence yet?
    Presumably when you mention responding to that defence you are thinking about your witness statement?

    Have you looked at these guides:
    https://www.judiciary.uk/wp-content/..._in_Person.pdf
    https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

    Comment


    • #17
      To update you. The company, which is limited, appear bit to have put a defence in, even though they said they would. I have now filled out a judgement form, and the wait time is quite long for the courts to deal with this.

      I am surprised no defence, but I'm sure once the read over all the correspondence, they would want to avoid going to court, they also lied! Now my concern is , knoeing how they are, I can't see them paying it. The court say they cannot make them. Can please tell me what my options would be, if I find myself in this situation. Probably April time.

      Comment


      • #18
        there are different steps one can take to enforce a judgment.

        Is the defendant a limited company?

        Comment


        • #19
          Hi. Yes they are a limited company. Sorry for earlier typos!

          Comment


          • #20
            For starters: https://www.gov.uk/make-court-claim-...rce-a-judgment

            Comment


            • #21
              Thanks for that, will check this out and keep in touch when I know what is happening.

              Comment


              • #22
                To check any other fees I may have to pay the court,, enforcement etc can I add this to the ccj. And claim any interest for delays?

                Comment


                • #23
                  Court fees are added to your claim when submitted
                  Enforcement fees are also auto added if you instruct enforcement officers

                  Comment


                  • #24
                    Thanks again for your help with this. I'll post any updates when i hear back from the courts. Unfortunately, it will be a while

                    Comment


                    • #25
                      Hi there, I have now received judgement by the court. The company has 30 days to pay. I would be very surprised if I get it. Can I request direct to them how I would like it paying? Bank transfer etc.?

                      Comment


                      • #26
                        Send the Company copy of the judgment (they may not have received their copy ) and ask them to pay in whichever way you prefer.
                        Of course they may just send a cheque so they have easy proof of payment for themselves!

                        Enforcement methods as per link in post 20 if they fail to pay

                        Congrats on the win

                        Comment


                        • #27
                          Thank your for your help, I think i will send them a copy of judgement thanks and put down how I want to be paid. I haven't got it yet so I don't want to get my hopes up too soon. I'll update you though.

                          I do have another small claims to do, another trradesman. This is not straightforward, as the guy is now on an IVA, they won't accept my details until i get a ccj. I may not get anything at all, the court fee is expensive but I'm hoping if the guy gets a ccj, he will get a bad credit rating

                          Comment


                          • #28
                            Regarding this other claim have you approached the IP?
                            If this is a post IVA claim I believe you aren't bound by its terms and can proceed against him

                            But this isn't my scene so might be worth starting a new thread about it.

                            Comment


                            • #29
                              @des8
                              what section should I post about IVA please.

                              Comment


                              • #30
                                I'd start the new thread in the same forum as your current thread

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                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.




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