Money claim: implications if we defend it?

Tirion24

I'd be grateful for some advice.
Painter problems - sending someone else with no warning who wouldn't have been verified by Checkatrade - part of job botched - very messy at end. Bill was agreed price (though additional for materials was far higher than expected) but we wanted to discuss it given the shoddy behaviour. Tried to arrange a meeting - painter appeared willing - but never made it to a meeting despite our efforts & Checkatade advising him that he should try to reach a solution by meeting us.

Instead he issued a claim form. We've filed acknowledgement of service (AOS) but our 28 days in total for disputing part (not all) of the claim is nearly up.

Query 1: Will he, as the claimant, see the N9A form which includes our financial details and which we complete online/send to the court?
Query 2: Does the fact that we'd be offering what we feel is a fair amount but not the full amount mean that judgement will be made against us one way or another & therefore our details will be entered in the public register?
Query 3: Does the AOS give us, in addition to time to gather information & prepare a defence, an opportunithy to try one more time (though time is short) to try to reach agreement with the claimant?
Query 4: If by not paying in full (however galling that is) we risk the public register & the painter having such personal information about us, perhaps then we should bite the bullet and pay. If we didn't pay the court fee, though, could he pursue this? He didn't follow advice or court protocols which include attempting to seek a solution before making a claim.

Many thanks for any help or suggestions.

chevalier

sorry i have no clue. might be worth posting in housing maybe too
BUMP for someone who might know
chev

sourcrates

Hi,

Query (1) Yes he will see that, so will the court.

Query (2) Depends if you have admitted, all, or part of the claim, judgement will be recorded either way.

Query (3) Yes you should do this ASAP.

Query (4) Any non compliance with correct pre action protocol should be brought to the courts attention at the hearing.

You need Legal advice on this matter really, at the very least you should post on Legal Beagles, they are more geared up for this kind of thing.

fatbelly

The answer to (1) is yes if you admit the claim in full - it is the admission form and is sent to the claimant to see if he wants to accept the proposal. TBH I think the answer is still yes if it is a part-admission as the court puts your part-admission to the claimant.

I would have thought your best option is to defend in full, then try to negotiate a settlement with the guy before the hearing. He would not be guaranteed that it would go his way, particularly if he has not followed protocol, and he has to pay the hearing fee up front.

If it goes to a hearing, and you get a judgement against you, it's not recorded provided you pay in full within 28 days. But the court fees (and solicitor costs if any) would form part of the judgement amount.