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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If I don't pay the Claim on the date given what happens Ne

Resolved Question:

If I don't pay the Claim on the date given what happens Next?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

I assume you are talking about a county court claim?

Customer:

Yes I am talking about a County Court Claim for a Possession Order where I am a Guarantor. The rent arrears need to be paid on 24th Novemebr. What happens if the monies are not paid on that due date?

Alex Watts :

If they are not paid by that date then the Judgment can be enforced. This can be by way of charging order on property you own, bailiffs, attachment to earnings, freeze bank account or to make you bankrupt if the sum is over £750

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Please could you be kind enough to rate the previous answer I gave you as well? Thanks

Customer:

Supposing I disagree with the amount owned. Is it better to pay the stated amount and appeal at a later date?

Alex Watts :

Did you attend the hearing?

Customer:

No I was unwell on that day but my daughter, the other defendent, attended the hearing. There were the 2 agents, the landlord and a solicitor representing the claimant and just my daughter on her own. She felt very intimidated by these people and, despite the fact that she did not totally agree with the amount claimed, she felt they would 'get their own way, anyway'. I have tried to negotiate with the agents but they are insistent that the 'rent arrears' figure is correct.

Alex Watts :

Sadly therefore if you did not attend and the Judge awarded that amount all you can do is appeal.

Alex Watts :

But you only have 21 days to appeal

Alex Watts :

Does that help?

Customer:

Yes, thank you, ***** ***** help. How do I appeal?

Alex Watts :

You need to fill out an appellants form and send it to the Court.

Alex Watts :

http://wbus.westlaw.co.uk/forms/pdf/cpf00785.pdf

Customer:

Thank you. Should I still pay the monies and then appeal?

Alex Watts :

Yes you should pay the money because that is what the Court ordered.

Alex Watts :

You do not want enforcement costs added if you do not as this could be thousands.

Customer:

Oh, thank you for your advice. You have been very helpful. I shall find a way to pay this money as advised. I thought there might be extra costs if this sum is not paid and it did concern me that these costs might be expensive. Thank you very much

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