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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We the claimants have a judgement awarded against the defendant

Resolved Question:

we the claimants have a judgement awarded against the defendant in a small claims case and he decided to pay the award in 2 stages rather than in one payment as mandated by the court. this resulted in the final payment being received 27 days late. can we ask to court to apply late payment charges?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Did the court award you interest please?
Customer: replied 1 year ago.
The judgement was made on the 16th Nov 2015, with the requirement that the total sum of £865 be paid by the 30th Nov. the defendant then proposed on the 26th Nov a 2 stage payment plan which we rejected and he certainly did not have the courts agreement. he nonetheless went ahead and imposed the payment plan and paid £400 on the 30th and then the balance on the 27th Dec. we wrote to the court outlining our position and we have a hearing scheduled for the 1st April. we do not know if interest will be awarded or a full hearing held but we want to know if we are wasting our time. in the meantime we have offered the defendant a settlement offer which he has not responded to
Expert:  Ash replied 1 year ago.
Its bad news I am afraid. The Court can NOT impose any late charges or any fine or any kind for being late. At most all you can do is seek interest in the sum of 8% under S.69 of the County Courts Act 1984.That is all you are entitled to is interest, but even then only if you pleaded it in the original claim form.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
the court documents we have recently received state that a "trial of the above claim" will take place - this suggests that the judgement may be set aside is this a correct interpretation?
Expert:  Ash replied 1 year ago.
I can't say. There should be an application notice if it was to be set aside.
Expert:  Ash replied 1 year ago.
Can I clarify anything else?Alex
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
no thanks - appreciate your help