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miteaide

How to prevent CC claim being closed by defendant?

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I put in a county court claim against a company that owed me money for quite some time. In their defence submission, they said they would return the money.

 

The company says it will apply for an order to have the claim stopped without my agreement.
How can I stop or object to this?


What about my court fees and statutory interest  at 8% which I've not got back so am out of pocket?

 

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They won't be able to have the claim withdrawn on that basis and even if they pay the money, unless they pay you the full claim which includes the court fees then you will be able to get a judgement against them.

It sounds to me as if they've actually made an admission and if it wasn't for the computer system you would actually be allowed to apply for a judgement on that basis.

As they have found a defence, the next step will be to receive a directions questionnaire and in that inform the court that you object to any application to withdraw the claim until you receive the full amount of the claim plus interest plus court fees. Also in respect of the question as to which court should be held in, you should say they you want it held in your local court because they are a business and you are a private individual (I'm assuming that this is true).


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No such order can be requested by a defendant...only the claimant can discontinue or withdraw...if they only pay the debt amount before  any hearing you request judgment for the fees and interest.

 

Andy


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