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Debt paid before court date
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AnnieO1234
Posts: 1,722 Forumite
Okay apologies because this is for a friend so I don't have full details. Basically both claimant and defendant are mentally disabled. After holidaying together defendant borrowed £100. Long story short claimant issued through county court for £120 plus court fees (not sure if interest was calculated but this was basic amount).
Defendant paid £100 and disputes the extra £20. Defendant paid by postal order and has a postal order receipt showing claimants name. Obviously this doesn't in my mind prove defendant ever sent the PO.
Claimant has now been in touch with her to say that he disputes the part admittance and also seeks court costs.
What is the position here for the defendant?
(Bit unsure if even defendant is the right word?)
In my view, if this matter went to court (prior to part admittance) the judge would have ruled against the claimant for a variety of reasons in respect of anything beyond the original debt due to the ways the claimant has intimidated the defendant, provably.
Thanx!
Xx
Defendant paid £100 and disputes the extra £20. Defendant paid by postal order and has a postal order receipt showing claimants name. Obviously this doesn't in my mind prove defendant ever sent the PO.
Claimant has now been in touch with her to say that he disputes the part admittance and also seeks court costs.
What is the position here for the defendant?
(Bit unsure if even defendant is the right word?)
In my view, if this matter went to court (prior to part admittance) the judge would have ruled against the claimant for a variety of reasons in respect of anything beyond the original debt due to the ways the claimant has intimidated the defendant, provably.
Thanx!
Xx
0
Comments
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As long as the defendant responded to the court claim within the timescales to say that he disputed the amount claimed because (a) £100 has been paid and (b) there was no right to interest, then there should be a hearing, preceded by mediation if both parties agree to that.
The court will than issue a judgement for any remaining balance to be paid0 -
And the court costs? Is the claimant entitled to them if the defendant pays the debt in full? X0
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Yes .0
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