PDA

View Full Version : Moneyclaim.gov.uk question



Ericthelobster
15-03-2007, 07:09 AM
I note that if you a file a Small Claim with moneyclaim.gov.uk, it is deemed to be served 5 days later.

If the defendant actually receives the claim after, say, 3 days and quickly sends off a cheque to the claimant who receives it on day 4, does this mean that legally the defendant pre-empted the court hearing and can get away without having to cover the court fee?

Would it be any different if the defendant sent off their cheque on day 2 (ie before actually receiving the claim?

Miffy
15-03-2007, 07:17 AM
I note that if you a file a Small Claim with moneyclaim.gov.uk, it is deemed to be served 5 days later.

If the defendant actually receives the claim after, say, 3 days and quickly sends off a cheque to the claimant who receives it on day 4, does this mean that legally the defendant pre-empted the court hearing and can get away without having to cover the court fee?

Surely the court fee is part of your costs resulting from recovering the money owed (assuming you can't cancel the court hearing and get your fee back)? If so, the defendant should be liable for your actual costs whenever the matter gets resolved. It would seem barmy any other way, but I am ready to be amazed (yet again!).

justaboutsane
15-03-2007, 08:12 AM
I would have said because you have had to wait for your money until you issued Court proceedings you should be entitled to the money.. otherwise he may have assumed you are bluffing when you say you are going to court! Some ppl string it out as long as possible and will only pay when they have to.. ie court proceedings are initiated.

davidjohnbutton
15-03-2007, 11:08 AM
As soon as you pay the fee, your debtor is liable for it to be added to the debt. However, if your debtor admits a part debt - say you sue for £1000 and he admits £500 - you accept that to avoid a hearing or travelling to the court to which it is transferred, the court will only let you charge a percentage of the court fee to be added to the debt - the rest you lose!

The only way a debtor can avoid having court costs added on is if they either win the case or if they chase you to the court's door and pay up before you hand the papers and fee to the counter clerk - even then, you will have been put to the trouble of preparing the paperwork and might not feel inclined to accept - but I always say a bird in the hand is worth two in the bush!

Miffy
15-03-2007, 18:03 PM
As soon as you pay the fee, your debtor is liable for it to be added to the debt. However, if your debtor admits a part debt - say you sue for £1000 and he admits £500 - you accept that to avoid a hearing or travelling to the court to which it is transferred, the court will only let you charge a percentage of the court fee to be added to the debt - the rest you lose!

The only way a debtor can avoid having court costs added on is if they either win the case or if they chase you to the court's door and pay up before you hand the papers and fee to the counter clerk - even then, you will have been put to the trouble of preparing the paperwork and might not feel inclined to accept - but I always say a bird in the hand is worth two in the bush!

Thank goodness- sanity wins out for once!