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Prior to issuing
proceedings |
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There is a requirement that every effort should
be made to resolve a dispute prior to the issue of a claim in the County Court.
With this in mind we contact the other side by letter as soon as a claim is
forwarded to us and request payment within 7 days. If there is no response then
we are free to carry on using the court procedures for recovery.
If
the other side dispute the claim then we are obliged to explore the
correspondence and seek a solution. |
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When issuing
proceedings |
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When all avenues of settlement have been
exhausted proceedings can be commenced. We require your cheques for the Court
Fee and the solicitors costs in order to proceed - please see
Fees & Costs.
As soon as the cheques
are received we forward the claim details to the solicitor so that the
pleadings can be prepared. The claim is then filed at the court. Provided that
there are no queries regarding the claim this takes no loger than two days.
The court process claims on the same day that the N1 is filed and deemed
to be issued on that day. The claim is posted by first class post to the
Defendant within three days and is deemed to be served within two days of
posting. |
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After the proceedings are
served |
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The Court allow fourteen days from service for
the Defendant to respond. If the Defendant forwards an Acknowledgement of
Service and indicates that the claim will be defended, twenty eight days from
the date of service is allowed for the Defendant to file the defence.
If no Acknowledgment of Service is filed at the court Judgment in Default can
be applied for. This usually takes three days. |
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If the claim is
defended |
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As soon as the court receive a defence they forward
to both sides an Allocation Questionnaire. Usually the court will
allow only fourteen days for the return of the Allocation Questionnaire.
This document is important as it provides the court with all relevant
information for the processing of the claim and allocating it to the
correct track. There is a fee payable of £100.00 if the claims
exceeds £1,500.00.
After considering the Allocation Questionnaires the court will allocate a
date for the hearing. The timescale depends on the workload and number of
listings at the court and can be anything from three weeks to two months from
the filing of the Allocation Questionnaires. |
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After judgment |
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If Judgment in Default is obtained the court will
tell the Defendant to make an immediate payment. If there is a hearing the
Defendant will be allowed between seven and twenty eight days to pay -
depending on the circumstances and the opinion of the judge on the day of the
hearing.
If the Defendant fails to pay within the time allowed one of
the enforcement options must be considered. At this point time scales vary
between a couple of weeks and several months before payment can be
obtained. |
