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Initial
Action |
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An initial
letter prior to action is forwarded to the Defendant giving 10 days to pay.
This notice period is important as the court takes the view that a Defendant
should be given an oportunity to settle prior to the issue of
proceedings.
Should there be correspondence from the Defendant then the
enchange of information can take two or three weeks and should be exhausted
prior to isssue of proceedings. |
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The Court Process |
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Following the
issue of proceedings the Defendant must respond within 14 from the date of
service whereby they can:
- Admit the whole
claim.
- Either dispute or
admit some part of the amount claimed.
- Dispute the claim
in full and file a Defence.
If the whole claim is not disputed and
an acceptable offer is made then payment can be agreed within a reasonable time
scale.
In the event of the claim being disputed then both sides will
need to complete Allocation Questionnaires and return them to the court within
21 days. The court will then set a hearing date - this could be up to six
months ahead! The court will then set a hearing date which could be a further 1
to 4 months ahead. If the claim is successful the judge will set a date whereby
the Defendant must pay the claim and any interest and costs. This can vary
between 7 and 28 days or payment by installments could be ordered
After
a hearing and depending on a successful conclusion the judge will make an order
for the Defendant to pay the Claimant within a set period (7 days, 21 days, 28
days etc).
Some Defendants do not bother to responde to the court and
then a Judgment in Default can be applied for. This normally takes about five
working days. |
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After
Judgment |
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Some
Defendants will pay of a judgment immediately but where the Judgment is ignored
enforcement is required. In this event the Court Bailiff or other enforcement
methods can be used. Set timescales cannot be quoted as timing depends on the
enforcement method.
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