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The defendant sent me £5 the same day I was issues default judgement against them.

I opened a small claims court case for my return postage after an eBay company sent me the wrong item and then promised to refund my postage.

After months of ignoring all my messages they finally admitted they owed me but didn't want to send me the court fee.

""Hi

We will be refunding you in a short while . Also we would like the full address of the court that you have filed the case with so that we can issue them a payment of £25 directly"


And now on the day that I was issues a default judgement against them they suddenly sent me a fiver by Paypal. What am I to make of this?

The fiver doesn't come close to the cost of the postage (item was a laptop) but it puts me in an awkward position as I've no idea what to do now.

Do I tell the court? Do I tell the company to send me the rest by paypal? Or do I refund them and wait for the court to allow me to issue a warrant against them.

Any help would be really appreciated as I am unable to find this information online.

Comments

  • AJXX
    AJXX Posts: 847 Forumite
    edited 7 January 2016 at 2:53PM
    Refund the money sent via PayPal - likely a tactic to get you to close the court case. Put a note on to say that all dealings and monies should be through the court.

    Do what needs to be done through the court as soon as the court allows.
  • John575
    John575 Posts: 14 Forumite
    AJXX wrote: »
    Refund the money sent via PayPal - likely a tactic to get you to close the court case. Put a note on to say that all dealings and monies should be through the court.

    Do what needs to be done through the court as soon as the court allows.

    Thanks for you reply! I've just done so now.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    On your earlier thread (not sure why we need a new thread) you were advised:
    The instructions as to what they must do are written in bold in the claim form they have.
    They have to pay you the total amount at the base of the claim form to you before they receive a default judgement which will be issued the same day you request judgement, it is automatic.
    So if they have not paid as it very clearly tells them how and to who...
    Do as AJXX has said.
  • John575
    John575 Posts: 14 Forumite
    wealdroam wrote: »
    On [ (not sure why we need a new thread) you were advised:

    Do as AJXX has said.

    I thought that because they'd now paid me (partly) it would change the advise. I.e. tell the court and ask them to reduce the amount the defendant is being asked to pay,
  • AJXX
    AJXX Posts: 847 Forumite
    John575 wrote: »
    I thought that because they'd now paid me (partly) it would change the advise. I.e. tell the court and ask them to reduce the amount the defendant is being asked to pay,

    Nope, refund and push it through the court.

    If the case has to go to court then the time for negotiations has passed, all dealings should be through the court and anything outside of the court (such as a refund via PayPal) should be treated with extreme caution as an avoidance tactic.
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