MCOL. Continuing my claim to recover court fees

garethpick

I'm based in England.

I'm referring to a previous post (https://forums.moneysavingexpert.com/discussion/6523287/im-about-to-win-a-money-claim-online-case-what-are-my-next-options#latest)

I'm close to the end of a claim against a Defendant who owed me £6,000 plus court fees £455 plus daily interest. All documents have been filed correctly (Letter Before Action, Particulars of Claim, Certificate of Service etc.) and I have proof of posting for everything.

Two days before the Court's deadline, I suddenly received a bank transfer to my account from the Defendant £6,000. They've never replied to any emails or letters but I presume this is them making an admission of liability. However they haven't filed any defence or ever replied to me or to the Court it seems.

I'm still keen to recover my court costs and interest. I have sent the Defendant a Receipt of Payment with the balance remaining and 14 days to pay. They ignored it.

How do I inform the Court that I received a part payment but that I wish to move to Judgment in Default?

The only options on the MCOL website are:

Claim Status Options:

Paid - You can mark the claim as paid in full for one or both defendants. Registry Trust will be notified. Note: Only select this option if the payment has cleared. If you need to re-instate the claim, a fee payable application will be required. 

Discontinued - You can discontinue your claim for one or both defendants but not after judgment has been entered. Discontinuing the claim means you cannot pursue the defendant/s further with this claim. 

Settled - You can settle your claim for one or both defendants if a part payment has been received and you no longer wish to pursue the debt. Registry Trust will not be notified.

I don't see any option for informing the Court about the part payment but wanting to continue with a Judgment in Default. Could anyone advise how to proceed?

DullGreyGuy

You dont need to, by the sounds of it you will get a judge by default as no defence has been filed and you chase them for the delta from the payment received and the judgement. Once this has been received you inform the court that the judgement has been satisfied.