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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been involved in a small claims that was directly to

Resolved Question:

I have been involved in a small claims that was directly to me personally when it should have been to my business for a tiler who carried out substandard work to my premises. However,somehow the claimant won and I was directed to pay him approx £1500.This was approx 10 days ago and i have had no letter or instruction yet.My questions are.
1.how long do i have to pay..I have had conflicting information of 14 and 21 days
2.who do i pay to? I'm not comfortable paying him direct as he is unlikely to admit he has the money.
3.can I spread the payments even though I wasn't offered this option?
4.Will my credit rating be affected by this?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello my name is ***** ***** I will help you.

Did the judge specify how long to pay please?

Customer: replied 9 months ago.
i think she said 14 days,but I have had no written instruction
Expert:  Ash replied 9 months ago.

1) The court rule says you have 14 days, unless specified by the court.

2) Payment direct is fine, you can't pay into court. You can pay by cheque and then you can show he cashed it. Or by direct bank transfer

3) You can but you need to make an application to court and this may effect your credit rating.

4) You will get a ccj but if you pay it off In full within 28 days it will be cancelled and won't show in your credit file.

But if you spread payments then it is not paid off in full and the ccj will remain on your credit file.

Can I clairfy anything for you about this today please?

Customer: replied 9 months ago.
Please can you tell me how i apply to spread the payments and if i will get a ccj whether i pay in full or spread the payments( if neither is within 28 days)?
Also if the court says i have to pay in 14 days and the instruction letter doesn't arrive in 14 days(next Tuesday will be 14 days) with the amount on..can I part pay while I await instruction of the full amount if i explain this to the claimant? i have rung the court and they were unable to give me the amount.
Expert:  Ash replied 9 months ago.

If payments spread within 28 days you won't get a ccj. If spread outside 28 days you will have a ccj.

The rules are clear, unless the court ordered otherwise you pay within 14 days. But in any event if you want to pay without getting a ccj it must be within 28 days.

To spread payments you make an application on form n245

https://formfinder.hmctsformfinder.justice.gov.uk/n245-eng.pdf

Does that clairfy?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 9 months ago.
thank you,but I must say,that I disagree the rules are clear!! I have spent the last 10 days attempting to get clarity.Even the court gave conflicting information.
Expert:  Ash replied 9 months ago.

Thanks, it's 14 days unless otherwise ordered. Good luck.

Expert:  Ash replied 9 months ago.

By the way it's rule 44.7

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