MCOL Claim Issued. Paid in full, yet defence filed

[mrtibbs1999]

Hi all,

 

I booked accommodation for my to NYC with a well known website we’ll call “LobHolibays” and the Hotel closed due to Covid.

The hotel made it clear that they wouldn’t be opening

I tried to contact LH multiple times but they had turned the phones off and the online chat was never on.

 

Concerned there was going to be insolvency issues I went through the paperwork and found that my contract was with a third party supplier that we’ll call abcd Ltd.

I sent Abcd an LBA and then a follow up and got no reply,  I issued a money claim.

 

They sent an AoS saying they were going to defend in full, and miraculously 4 days before the defence deadline LH refunded me.

ABCD have filed a defence claiming their agent LH refunded me, and that as such I have no claim. 
 

My question is,

that given that the refund wasn’t issued until 22 days after proceedings were issued,  what should i do?

There’s about £200 of court fees and interest outstanding, should I withdraw the claim, or is there a better solution?

 

Thanks in advance.

[BankFodder]

Continue the claim until you get all of your money including your fees.

write to them and tell them that that is what is going to happen and that you will not withdraw the claim and you will inform the judge.

 

[mrtibbs1999]

Thanks.

 

I don’t need to file any paperwork letting the court know there’s been a partial payment  prior to the trial do I? 

[BankFodder]

no. Just continue as normal but probably a good idea to write to your opponents and let them know that it is continuing and if they don't settle in full then there will also be an allocation fee incurred and they will have to pay that as well. Do this in writing. Do it now. Keep a paper trail so that you can show the court that you warned the other side on every aspect of this. Also did you claim interest? if you did a claim interest then let the other side know that the payment pay must make to bring the whole matter to an end will include the interest as well as all fees incurred to date.

[mrtibbs1999]

Thank you

[AndyOrch]

Did they submit a defence ?  If not request a default judgment for the interest and costs only....

 

Andy

[mrtibbs1999]

They submitted a defence 26 days after issue claiming their agent LH had paid in full.

This is true, although it was 22 days after the claim was issued, I want the costs and interest if possible.

I’d tried to get a DJ but the website wouldn’t allow it. 

[AndyOrch]

You can't because they filed a defence.....has the claim been allocated?

[mrtibbs1999]

7 hours ago, Andyorch said:

You can't because they filed a defence.....has the claim been allocated?

I tried before the defence was filed. The claim hasn’t been allocated yet. I’ve sent them a letter as suggested above making it clear that they paid well after the claim was filed and that I’ll be pursuing them for the remaining balance, which comprises the court fees and interest 

Edited August 2, 2020 by mrtibbs1999