Small Claims advice

[steveod]

Wonder if anyone has specific legal knowledge of this:

 

I issued a small claims action via Money Claim online.

 

The date of issue was the 05/04/2011

 

According to MCOL the date of delivery is classed as 5 days after the date of issue.

 

Q1. Is this 5 days or 5 working days?

 

If it is 5 days, then date of delivery will be the 10/04/2011.

 

The recipient then has 14 days in which to respond,

and it appears that the response has to be received back at the court on day 14 at the latest

- this would make it the 25/04/2011.

 

Q2. IS the 14 days all days or only working days?

Q3. Is my calculation of 25/04/2011 the correct date?

 

Due to all the bank holidays I only checked progress of the claim today,

and find that the recipient has lodged a part admission,

which according to MCOL was lodged 04/05/2011.

Therefore this is 9 days later than supposed to have been lodged.

 

Q4. Do I have to accept this or can I still request judgement as their response was late?

 

Q5. can the court still progress this even though they were late.

 

thanks. hope someone can help

Edited July 9, 2018 by dx100uk
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[BankFodder]

If you haven't applied for judgment before a defence is filed then you lose the right to ask for judgment. This is why you should observe tie limits carefully and move quickly.

 

By part admission, I take it that there has been a partial defence. You should apply for judgment on the admitted part and ask for a hearing to be listed on the disputed remainder.

 

Get a copy of Patricia Pearl's book on County Court procedure but also start paying attention to deadlines. You are surrendering opportunities for no good reason

[steveod]

Thanks for info BankFodder.

 

I haven't yet received the info from the court as to which elements they admitted and which they are disputing.

 

So guess I should wait for that info,

check through it and then request judgement.

 

Even if I had of requested judgement a few days ago on the deadline,

if they had of submitted the defence before judgment was actually made would their defence be ignored

or still taken into consideration if received by the court prior to them making judgement?

Edited July 9, 2018 by dx100uk
spacing

[duckwaddler]

As far as I am aware all "days" given with regard to response times, it is always "working days", which excludes weekend and all bank holidays.

[steveod]

Some further advise sought:

 

The defendant has filed a Notice of Part Admission and admitted to only part of my claim.

When I check the form that I now have to return I only have 2 choices

1. to NOT ACCEPT the defendants part admission

2. to accept the amount in satisfactrion of my claim

 

My claim was divided into 3 parts:

Part 1 - amount for outstanding invoices

Part 2 - amount for late payment of invoices

Part 3 - amount for breach of contract amount for early termination of contract i.e future invoices

 

I would like to accept the payment they are offering in full settlement of Part 1(same amount as Part 1) but would like to get a hearing on part 2 and 3 but this does not seem like an option. Is it possible to do this?

[BankFodder]

I would go to the court office and apply for judgment there.

On the application for judgment form - which you can download from the court service website, I would start off by saying that the defendant has admitted part of your claim and you wish to apply for judgment on that element and pursue your claim for the balance

[steveod]

Hope someone can give advice:

 

I issued a claim using MoneyClaim online

 

The defendant responded with a partial acceptance and offered to pay only a partial amount of the full amount claimed by me

 

I returned the form to the Northamton County Court detailing that I did not accept the offer of partial payment

 

I have now received a form from Northampton County Court with 2 forms:

one transferring the claim to my local count court -N271

the second stating that the defendant has filed a defence - N152

 

My issue is with this second form

 

- it states:

the defendant has filed a defence, a copy of which is enclosed

but the part "a copy of which is enclosed" is crossed out and I have not received any information

on the defence the defendant is submitting

 

can this be correct?

surely I should be made aware of the exact defence the defendant has submitted?

[perplexity]

Perhaps there is no defence.