general form of judgement or order - what does it mean?

gypsymoth

Hi

I've currently got a claim lodged via MoneyClaim Online against an ex-employer for lost income. I've followed the process to the letter and even dropped in the response documents to the court by hand within the alloted timeframe.

I received a letter today (5th Nov) dated 28th Oct from court

It's a general form of judgement or order. In it the letter says:

"Before DISTRICT JUDGE MANNERS sitting at Clerkenwell & Shoreditch County Court, The Gee St Courthouse

IT IS ORDERED THAT

UNLESS the Defendant do file pre-trial checklist in 3 days of service of the order, then the claim/counter claim be struck out"

Note that I am the claimant

I'm confused... is this letter saying I havent filed something or is it informing me the defendent (my ex employer) has failed to file something on time?

I've not had any correspondance from the court since I dropped of the documentation so a bit in the dark

Any help appreciated. Thanks
L

penguin83

Hi Gypsymoth - the order is an unless order as the defendant (your ex employer) hasnt filed the checklist. Phone the court to check tomorrow but I think it should say defence/counter claim will be struck out. If this happens you will then be at liberty to enter judgment x x

gypsymoth

penguin83 wrote: »

Hi Gypsymoth - the order is an unless order as the defendant (your ex employer) hasnt filed the checklist. Phone the court to check tomorrow but I think it should say defence/counter claim will be struck out. If this happens you will then be at liberty to enter judgment x x

HI Penguin

So, what you're saying is that if the defendant hasnt filed their checklist, I will be at liberty to enter judgement... so in effect, I win my claim because of their inability to file? Sorry if it's an obvious question but just want to be clear when I call the court

thanks

penguin83

Yes - you can win by default because they havent complied with filing the checklist after the date that has been given. x x

ads1284

My partner challenged something that she paid for. Basically she was told it would cost £x amount and then the told her it was more expensive, which she wasn't happy about. To cut a long story short, if it went to the smalll claims court and the judge decides we are in the wrong (and we pay up in the allocated time), will it still be classed as a CCJ, or am I completely wrong? Thanks

penguin83

Hi ads, if it goes to a court hearing and you lose but you attend the hearing then you will end up with a ccj but it will not be registered (ie it wont show on credit reports) if you then pay and settle the judgment including any costs the case will be settled - if you dont pay and the other party has to enforce the judgment then it will be registered and remain on credit files for 6 years.

It will be registered immediately if the other side win by default (ie you dont respond to summons) or if you do not attend the court hearing. If this happens you have 28 days to clear the outstanding amount for it to removed from credit records xxxx