Small claims defendant has paid before court date, but not full amount.

topsy10

Hi,

I recently went through the small claims process to get paid for a job that I did for £130.

The defendant was given ample time to pay, and was warned that I would take action, but didn't pay. I added on 10% as a late fee, then of course I had the cost of issuing the claim, I took the afternoon off to enter mitigation, (for which they didn't turn up), plus recorded postage costs etc.

I submitted my documents to the court in readiness for the hearing which is due next month. They didn't submit their docs in time, but then out of the blue they've paid £130 into my business account.

'm not happy about this, as I am still out of pocket for the court and other fees.

Can anyone please advise the next course of action? I have been on hold to the court for ages and can't seem to get any joy online either.

Many thanks.

MovingForwards

Carry on with the case for the outstanding money and fees.

red_boots2

Carry on for the outstanding amount. They have probably paid the original amount in the hope you'll stop the process.

topsy10

Thank you, I wasn't sure how to proceed as it's the first time I've ever done this.
The defendant has also emailed to say that they've paid, do I enter any correspondence or ignore them?
Thanks

tacpot12

I would reply back to them politely to thank them for the payment but say that you are continuing the action as you have the other costs. As a compromise, you could offer to end the claim if they pay your court fees and something for the time you took off (checking first that there are no fees to close the claim). I would waive the interest (and postage) in exchange for payment of the court fees and your time.

red_boots2

tacpot12 said:

I would reply back to them politely to thank them for the payment but say that you are continuing the action as you have the other costs. As a compromise, you could offer to end the claim if they pay your court fees and something for the time you took off (checking first that there are no fees to close the claim). I would waive the interest (and postage) in exchange for payment of the court fees and your time.

This, great advice!

Sandtree

Did your contract with them cover the 10% late payment fee or your "time off in the afternoon to log the claim"?  And why did you take time off to filling the MCOL website rather than doing it outside of working hours to avoid any losses?

Id suggest saying they need to pay the £35 issuing fee and in exchange will drop the other items, given its likely they are ropy grounds in the first place.

topsy10

Sandtree said:

Did your contract with them cover the 10% late payment fee or your "time off in the afternoon to log the claim"?  And why did you take time off to filling the MCOL website rather than doing it outside of working hours to avoid any losses?

Id suggest saying they need to pay the £35 issuing fee and in exchange will drop the other items, given its likely they are ropy grounds in the first place.

I didn't take time off to fill the form out, I took time off to have the mitigation phone call, the date of which was arranged by them and it's between 9-5 which are my working hours so there was no option but to lose money to be able to do it.

The court fees were £25 x 2, so it's an additional £50 I'm out of pocket, which for an original £130 job is quite a substantial additional amount to lose out on for a very small business, especially as I had to pay £90 to my staff member to do the job.

Anyway, the defendant has been informed to pay the court fees and the 10% fee (yes this is stated in our Terms of Business) and then I will drop the matter.