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jimwhite

Defendant admitted liability unsure which box to tick (MCOL)

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I issued a claim and the defendant has admitted liability and already sent a cheque with the claim form return which has cleared.

 

I just want to clarify what I tick on the form N225A. It has to be Box B 'I accept the amount admitted by the defendant in satisfaction of my claim' and then tick 'I accept the defendants proposal for payment'. But in Part C which is then obligatory it has the first part saying if I don't accept the defendants proposal for payment tick a box. Well I do, its paid in full. Then I need to fill out some payment totals. Do I fill these out? I don't seem to be able to avoid filling out C. The form isn't suitable if the defendant has paid in full.

 

The defendant made an error by ticking the I admit partly box and then wrote an amount which equaled the full claim.

 

I don't seem to be able to declare that the defendant has paid and full and the matter is closed. Is it just a matter of writing on the form 'full payment of cleared funds received'?

 

Thanks for your advice!

 

Jim

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If the claim has been paid you need to file a notice of discontinuance - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n279-eng.pdf

 

Completing N225A will result in the Defendant getting a CCJ


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Thank you! Why do they send that form to fill out then? Is it because they ticked the part liability box by mistake?

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No worries. Yes, it is because they ticked the liability box. The court only knows that the Defendant has admitted liability but does not know the claim has been paid, the Claimant needs to withdraw it.


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So technically, if they hadn't paid but said they would a CCJ would be filed? Otherwise having paid I am obligated to withdraw the claim otherwise I'm in breach of something or other?

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