Small Claims Court... a quick question...

jamie1982

As some of you may have read, I issued a small claims action against my provider. The deadline date for their responding is looming but as of yet I haven’t heard anything from them or the court. I expect my supplier will probably ignore the summons but my question is how long do I have to wait after the deadline before requesting a default judgement? If my supplier has replied to the court how long would it take the court to notify me?

kwikbreaks

They won't ignore it. The company solicitors will file the reason they consider the claim to be invalid along with a counter claim for costs - figure this will cost you £100 to £200 plus your original filing fee.

Quentin

jamie1982 wrote: »

As some of you may have read, I issued a small claims action against my provider. The deadline date for their responding is looming but as of yet I haven’t heard anything from them or the court. I expect my supplier will probably ignore the summons but my question is how long do I have to wait after the deadline before requesting a default judgement? If my supplier has replied to the court how long would it take the court to notify me?

If you are hoping to get in a judgement by default then you need to get your application in asap after the deadline.

Even if the deadline has passed, if the other side get in a defence or acknowlegement prior to your request for judgement, then they will get priority over your request.

You should have read up on procedure before you spent money on a summons!

(A judgement by default is easily overturned, so don't get too excited if you get one!)

jamie1982

Quentin wrote: »

If you are hoping to get in a judgement by default then you need to get your application in asap after the deadline.

Even if the deadline has passed, if the other side get in a defence or acknowlegement prior to your request for judgement, then they will get priority over your request.

You should have read up on procedure before you spent money on a summons!

(A judgement by default is easily overturned, so don't get too excited if you get one!)

Many thanks for the feedback. I had a good read up on the procedures prior to issuing the summons, what I was unsure about is that the options listed in notice of issue states that the defendant may admit liability to me directly, may reply to the court and acknowledge the summons, or chose to simply ignore the claim. Today’s the final day of the notice and I haven’t heard from the defendant, and I wasn’t sure how long the court would take to notify me if they had received an acknowledgment of the claim. Unfortunately when I rang the court yesterday I was on hold for an eternity so as I was pressed for time I popped a post on here.

I got through to the court this morning, they have not received an acknowledgement from the defendant so I’ll ring them back first thing tomorrow and if they still haven’t heard from the defendant I’ll apply for a judgement by default.

My supplier has attempted to avoid this complaint like the plague since I received the results from my sar request, this includes failing to follow practice direction by failing to acknowledge the letter before claim even though it was sent by r/d and I have the proof that it was signed for at their head office.

When I started this course of action, my goal was to reclaim the losses I had incurred due to my supplier changing my services without notifying me. I’ve played things by the book and by my supplier ignoring correspondence and failing to follow procedures they’ve simply strengthened my case should it make it to a court room. Obviously I’d prefer the easier option of them not defending it, it would save me a lot of time, but I want to make sure I do everything right.

Quentin

There's no need to ring the court.

Once the deadline has passed get your application for judgement in immediately (ask to be paid immediately).

If it turns out the defendant has got in first with a defence etc, then the court will let you know, and the matter will proceed, otherwise you will get your judgement by default and can commence enforcement..

tiggersfloridavilla

we were abroad when our ex tenant did this to me and then I was diagnosed with breast cancer and had to go into hospital even though we had wrtiiten to the court they still allowed his claim by default
we applied to set it aside and the judge coerced the claimant into refusing out request and awarded costs against us we have complained about him because he disclosed my medical condition and coerced the claimant
Do we need to tell the SMC we are seeking a judicial complaint and will not be paying anything until our case is heard nothing we sent in has been looked at by the judges admission MY husband went in my place and he refused to allow him to represent me a bigot is what we got

jamie1982

tiggersfloridavilla wrote: »

we were abroad when our ex tenant did this to me and then I was diagnosed with breast cancer and had to go into hospital even though we had wrtiiten to the court they still allowed his claim by default
we applied to set it aside and the judge coerced the claimant into refusing out request and awarded costs against us we have complained about him because he disclosed my medical condition and coerced the claimant
Do we need to tell the SMC we are seeking a judicial complaint and will not be paying anything until our case is heard nothing we sent in has been looked at by the judges admission MY husband went in my place and he refused to allow him to represent me a bigot is what we got

Sorry to hear about the trouble you’ve had, I’ve not that much experience of the small claims procedures so I’m not sure what advice I could give you, I simply launched this action as my supplier have failed to deal with my complaint.