Small Claims - paid but now defended??

CrikeyBananas

Steve - Right, I'm with you now!

The reason I started the claim in the first place was because of the principle of the thing, and I'm happy I was paid and have no need to take things any further. However, I don't know how to put a stop to things as they are defending the claim - any ideas?

I was definitely joking about hitting them for the money again (even though that is done with a very clenched jaw!!).

Sam - Yes, I'm pretty sure there is no difference either, and so were the CAB when I spoke to them!! This outfit obviously think differently.

stevemLS

Crikey - I am not up on how MCOL works, all my litigation is dealt with on paper :-(

However, if there is no option when you login that says something like "Discontinue this claim" then you have already informed the court that the debt has been settled.

You have received from the court a Directions Questionnaire?

If that is the case I would simply write a letter of explanation to the court saying that the defendant has now settled the claim and so it will not be necessary for the court to give Directions as to its future conduct.

That should do the trick and the defence will be of no effect. The defence would only come into play if the matter proceeded on a contested basis.

Hope that helps.

Steve

CrikeyBananas

Thanks for your advice, Steve.

I did it online as the fees were cheaper! There is no option along the lines of discontinuing the case, but it has definitely logged that I indicated that full payment was received. The company seem to be digging their heels in by saying that they haven't paid as they defend the claim, but that the individual (at their direction and nothing to do with me) has.

I do have the Directions Questionnaire, yes. Vaguely amused by the first section being headed up for settlements and mediation, but hey ho!! I will give the CAB a ring when they open in the morning and see what they say, but the covering letter sounds like a good idea in any case.

arcon5

I wonder if they've defended it to remove the risk of judgement by default and just wanting to affirm their own believe that they are merely intermediaries and did not enter in to the contract for whatever services they may be.

Just ask them what their intentions are and if appropriate ask the court to close the case.

arcon5

Unless you want to continue the case to recover court costs also?

CrikeyBananas

Thanks to everyone for their input on this thread.

As an update to anyone who's interested...

I spoke to the CAB in various guises who advised I head in to one of the local offices. I spoke to an advisor there who was very nice, but as confused about it as I was. Ultimately, she suggested ringing the mediation services number. I spoke to someone there who advised that the case is closed on their system - hurrah!! I'm still going to fill in the Directions Questionnaire just to be safe, and I will add in to the section re: do I agree the small claims court is the right track that I have been advised that as payment has been made, the case is closed and therefore it shouldn't go down that track or any other.

I guess there is still the possibility that this people could make a counterclaim, though on what basis I'm not sure, but for now SORTED!! :j

Hintza

CrikeyBananas wrote: »

I guess there is still the possibility that this people could make a counterclaim,

I was thinking this and perhaps it had been misfiled. Talk to the court and ask their advice?

CrikeyBananas

I meant these people, of course!!

There doesn't seem to be a way to talk to the court about it, unfortunately, as the only contact details for telephone/email that were supplied (and I hunted down online as well) are for the mediation services. As I gave them the case number, I am guessing that they can see the same thing as the court system can. My only contact with the courts will be via the questionnaire, so I will have to set things out on there.

The defence papers I have received were filed by the company and are a photocopy of what they submitted, so at present, there is nothing to suggest this is a counterclaim. Whether they are going to file anything else remains to be seen, but fingers crossed!!