Paid an online civil money claim but claimant not responding

calv76

After some advice please. I recieved an online money claim in June which I paid in full within 2 days  the claimant gave me his bank details and that’s how it was paid I asked the claimant to confirm he had received the payment and to advice the OCMC that it was recieved. He said he needed to wait for his accountant to check the bank before he could check as she was on holiday and returning in a week. He then told me to stop contacting him It’s now August and he has now requested a ccj against me stating the money has still not been paid.  I have phoned the OCMC but they said I need to wait until I receive a letter from them with the ccj then I can use a N443 form to ask the case to be closed. Can anyone give me further advice? As the claimant is refusing to reply to me and the OCMC just keep stating the money is outstanding 

MattMattMattUK

calv76 said:

After some advice please. I recieved an online money claim in June which I paid in full within 2 days  the claimant gave me his bank details and that’s how it was paid I asked the claimant to confirm he had received the payment and to advice the OCMC that it was recieved. He said he needed to wait for his accountant to check the bank before he could check as she was on holiday and returning in a week. He then told me to stop contacting him It’s now August and he has now requested a ccj against me stating the money has still not been paid.  I have phoned the OCMC but they said I need to wait until I receive a letter from them with the ccj then I can use a N443 form to ask the case to be closed. Can anyone give me further advice? As the claimant is refusing to reply to me and the OCMC just keep stating the money is outstanding 

The advice would be to follow their guidance, when it comes through use the form, supply evidence that you paid and they will close the case.

calv76

MattMattMattUK said:

calv76 said:

After some advice please. I recieved an online money claim in June which I paid in full within 2 days  the claimant gave me his bank details and that’s how it was paid I asked the claimant to confirm he had received the payment and to advice the OCMC that it was recieved. He said he needed to wait for his accountant to check the bank before he could check as she was on holiday and returning in a week. He then told me to stop contacting him It’s now August and he has now requested a ccj against me stating the money has still not been paid.  I have phoned the OCMC but they said I need to wait until I receive a letter from them with the ccj then I can use a N443 form to ask the case to be closed. Can anyone give me further advice? As the claimant is refusing to reply to me and the OCMC just keep stating the money is outstanding 

The advice would be to follow their guidance, when it comes through use the form, supply evidence that you paid and they will close the case.

I have all the evidence of my payment etc but need to wait for a letter before I submit my N443 form. Once the courts close the case does the ccj go off my file? The payment I owed was less than £90 so I am annoyed it’s got this far especially when I paid in full within 1 day of recieved lingo the OCMC letter. 

MattMattMattUK

calv76 said:

MattMattMattUK said:

calv76 said:

After some advice please. I recieved an online money claim in June which I paid in full within 2 days  the claimant gave me his bank details and that’s how it was paid I asked the claimant to confirm he had received the payment and to advice the OCMC that it was recieved. He said he needed to wait for his accountant to check the bank before he could check as she was on holiday and returning in a week. He then told me to stop contacting him It’s now August and he has now requested a ccj against me stating the money has still not been paid.  I have phoned the OCMC but they said I need to wait until I receive a letter from them with the ccj then I can use a N443 form to ask the case to be closed. Can anyone give me further advice? As the claimant is refusing to reply to me and the OCMC just keep stating the money is outstanding 

The advice would be to follow their guidance, when it comes through use the form, supply evidence that you paid and they will close the case.

I have all the evidence of my payment etc but need to wait for a letter before I submit my N443 form. Once the courts close the case does the ccj go off my file? The payment I owed was less than £90 so I am annoyed it’s got this far especially when I paid in full within 1 day of recieved lingo the OCMC letter. 

A CCJ only shows on your account if it is not paid within 30 days. After that it will show on your credit report, however if it was paid before 30 days and that was not correctly reported by the recipient then the court will remove it, but it would have been on there in the interim period.

Is the claimant a person or a company? Did they send you a letter before action? Did you receive the court paperwork?

calv76

MattMattMattUK said:

calv76 said:

MattMattMattUK said:

calv76 said:

After some advice please. I recieved an online money claim in June which I paid in full within 2 days  the claimant gave me his bank details and that’s how it was paid I asked the claimant to confirm he had received the payment and to advice the OCMC that it was recieved. He said he needed to wait for his accountant to check the bank before he could check as she was on holiday and returning in a week. He then told me to stop contacting him It’s now August and he has now requested a ccj against me stating the money has still not been paid.  I have phoned the OCMC but they said I need to wait until I receive a letter from them with the ccj then I can use a N443 form to ask the case to be closed. Can anyone give me further advice? As the claimant is refusing to reply to me and the OCMC just keep stating the money is outstanding 

The advice would be to follow their guidance, when it comes through use the form, supply evidence that you paid and they will close the case.

I have all the evidence of my payment etc but need to wait for a letter before I submit my N443 form. Once the courts close the case does the ccj go off my file? The payment I owed was less than £90 so I am annoyed it’s got this far especially when I paid in full within 1 day of recieved lingo the OCMC letter. 

A CCJ only shows on your account if it is not paid within 30 days. After that it will show on your credit report, however if it was paid before 30 days and that was not correctly reported by the recipient then the court will remove it, but it would have been on there in the interim period.

Is the claimant a person or a company? Did they send you a letter before action? Did you receive the court paperwork?

Hi it is a company. They started the claim via the online civil money claims. I asked the claimant for his bank details and he sent them and I paid this straight away. I then asked him to confirm payment to which he replied he couldn’t check his bank as he need to have his accountant check but she was on holiday. I left it a couple of weeks and again asked him to confirm payment which is what the OCMC said he needed to do to close the case. He replied with a insulting email stating he knew what to do and what the time lines were. This was back in June then the other day I received an email from the OCMC stating he has applied for a CCJ against me   There is a form for judgement by admission in my case stating the amount is still outstanding. I have called the OCMC and they said there’s nothing I can do until I receive the ccj and that he needs to notify the court I have paid. Surely he is lying to the court as I have proof this has been paid back in June. It’s just causing us stress with all this when it should have been closed in June. 

ciderboy2009

OP - did you pay the full amount as detailed on the claim form - ie: including the court fees?

calv76

ciderboy2009 said:

OP - did you pay the full amount as detailed on the claim form - ie: including the court fees?

Yes and the daily interest was 1p a day which I also added I had recieved it 2 days after it was issues so I paid the extra 2p which it stated on the form online. It is now show outstanding balance of the original debt plus 76p as it’s now been 76 days but I have tried to tell this to the OCMC but they are just saying it all outstanding as the claimant hasn’t confirmed I have paid. Surely he is lying to the courts now he has escalated it to a ccj stating I haven’t paid when clearly I have.  It’s just so confusing 

ciderboy2009

Ok - the below is based on the assumption that you have received a copy of the judgmentnow and it's for the full amount.

I would start by writing to the court with copies of your evidence that it was paid well before the claimant requested judgment by default (I assume that you have clear evidence of this) and asking for your letter to be referred to the District Judge for directions.  They probably won't do this without you making a formal application but it's worth a try.

I would also write (ie: pen and paper - not email or text message) to the claimant letting them know that, unless they immediately request the court to set aside the judgment then you will be making an aplication to the court to do so - said application to include a claim for the claimant to be ordered to repay all of your costs.  Assuming that you've told us everything then this is one of the rare occasions where you are likely to get costs ordered.

calv76

ciderboy2009 said:

Ok - the below is based on the assumption that you have received a copy of the judgmentnow and it's for the full amount.

I would start by writing to the court with copies of your evidence that it was paid well before the claimant requested judgment by default (I assume that you have clear evidence of this) and asking for your letter to be referred to the District Judge for directions.  They probably won't do this without you making a formal application but it's worth a try.

I would also write (ie: pen and paper - not email or text message) to the claimant letting them know that, unless they immediately request the court to set aside the judgment then you will be making an aplication to the court to do so - said application to include a claim for the claimant to be ordered to repay all of your costs.  Assuming that you've told us everything then this is one of the rare occasions where you are likely to get costs ordered.

ciderboy2009 said:

Ok - the below is based on the assumption that you have received a copy of the judgmentnow and it's for the full amount.

I would start by writing to the court with copies of your evidence that it was paid well before the claimant requested judgment by default (I assume that you have clear evidence of this) and asking for your letter to be referred to the District Judge for directions.  They probably won't do this without you making a formal application but it's worth a try.

I would also write (ie: pen and paper - not email or text message) to the claimant letting them know that, unless they immediately request the court to set aside the judgment then you will be making an aplication to the court to do so - said application to include a claim for the claimant to be ordered to repay all of your costs.  Assuming that you've told us everything then this is one of the rare occasions where you are likely to get costs ordered.

Thanks. I have received an email from the OCMC stating the next steps below. 

So I have to wait for this judgment letter to arrive then I can pay for this N443 form and prove all my evidence. The only thing he could probably say is he has not recieved  money directly from my daughter as the claim is made against her but it is me her dad who has actually paid the money as it was something i ordered using her Amazon account. But the payment clearly was marked with the case reference number and what it was for. 

Thank you for your email and the information provided.

 

The civil money claims process allows the claimant to enter a request for ‘Judgment by Admission’ when the defendant submits a full admission statement as their claim response.

 

Once the judgment request has been processed both parties will receive a copy of the judgment order by post.

 

You should obtain a letter from the claimant which confirms your name, the case number and the date the case was paid or ask them to email the Court with this information or log onto the online portal and update the record that the Claim/Judgment has been paid.

 

If the claimant does not supply this or if you require proof that the Court’s records have been updated you can apply for a Certificate of Satisfaction or Cancellation by completing the attached form N443.

 

There is a £15.00 fee payable by debit or credit card for each certificate you require. If you cannot obtain a letter from the claimant which confirms your name, the case number and the date the case was paid, upon payment of the £15.00 fee we will write to the claimant on your behalf requesting confirmation of the payment being received.

 

If the Claimant responds confirming the date the case has been paid, your certificate will be issued.

 

If the Claimant responds stating the claim has not been paid, your certificate request will be invalid and your fee will not be refunded.

 

If the Claimant does not reply to the letter within 1 month, the case will be marked as paid with the date you paid the £15.00 fee and your certificate will be issued. If you supply acceptable evidence showing the date you paid the amount the case will be marked as paid with that date rather than the date the £15.00 fee was paid.

 

Judgments paid in full within a month will be marked as cancelled.

 

Judgments paid in full outside a month will be marked as satisfied.

 

calv76

I have today received the judgement but I have sent off a N443 form last week to get this cancelled as I have paid the claim. I presume it’s just a waiting game for the courts to check all my evidence. What happens if the claimant still states the claim hasn’t been paid as i feel that’s what he is going to do as he is ignoring my emails. Any advice would be great