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JimLawyer
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I have taken a company to a small claims court, they have

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Hi, I have taken a company to a small claims court, they have not replied with anything and I filed for a CCJ which is due to get an answer today due to the deadline the defendant has just called me and asked if I would be happy to extend the time. Is this possible due to the CCJ being sent as they did not respond in the first 14 days of the claim?
JA: Where are you? It matters because laws vary by location.
Customer: This is a small claims court in the UK
JA: What steps have you taken so far?
Customer: I have filed a claim against them for a specified amount of money they did not answer the flaim claim within the first 14 days so I started a CCJ, which then allows them a further 10 days to reply. this is day 10 and they have just called asking for more time Shall I give them the time? Or not? As I believe if they do not reply today the judgement is made by default?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That’s everything

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Yes, judgment in default is when you win by default and get a CCJ against someone. Once a CCJ is made the 14 days is for the defendant to pay - it can enforced for up to 6 years (and it goes on their credit record after 30 days of being unpaid). So you can give them an extension, yes. You can make it clear if you are not in cleared funds by 4 pm on say 19th June, you will enforce the CCJ, for example transfer it to the high court for enforcement (to use high court enforcement officers - which only costs £66 and is added to the CCJ sum).

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

Customer: replied 1 year ago.
Hi Jim,Thank you for your message.Yes the company in question have had their initial 14 day’s to defend the claim.As they didn’t respond I raised this as a CCJ but a judgement is yet to be decided.Does the defendant have the right to extend to claim once this has happened? As it states this here on my claims form.
Customer: replied 1 year ago.
This is what it says

Hi there, thanks - only if they file an acknowledgement with the court in time - if they didn't then the court will grant judgment against them. They could apply to set it aside if they have a reason (e.g. no notice of court proceedings). If they get their acknowledgment to the court within the 14 days, they get another 14 days to file their defence. So you will now need to wait and see (to hear from the court)

Customer: replied 1 year ago.
what’s my best bet? Shall I email them and give them until a certain date to pay me?Where do I stand - as I do not want them to have another 14 days

If they admit to the claim then yes, give them 7 days to pay you in that case. If they have already send the acknowledgment to the court then they may not pay if they intend to defend the claim and it'd be out of your hands at that point

Customer: replied 1 year ago.
what shall I say? Can you help me send an email back to the defendant please?
Customer: replied 1 year ago.
They have not said what they are doing at this point

I can't draft it for you as solicitor-client relationships are not permitted on here and in any event - you must wait for the court to confirm if a judgment has been made or not. Nothing you say to the defendant now will change what the court says next. I can review your proposed draft if you did want to write to the defendant but at this stage it's premature in my view

Customer: replied 1 year ago.
The defendant has just sent me this email.. should I not respond?
Customer: replied 1 year ago.
Email

Thanks, ***** ***** like they sent in the acknowledgment on 12th May, so the court is unlikely to grant judgment. They have asked for time to file a defence - they may need the time due to contacting witnesses and because of Covid - their application is likely to succeed if you refuse an extension. Whilst you "can" refuse, they will make the application and they will ask the court to award them their costs (£255 for the application fee, and their costs for drafting the application). My view is you should go along with what they say (I say this as the court may well allow their application if they come up with a good reason - plus it's Eversheds who are a large law firm and I doubt their application will be flawed, from my experience)

Customer: replied 1 year ago.
Okay, what do you recommend I say to them

That you agree to their request for an extension to file their defence. Simple as that. As I say if you don't and they make one, you may be liable for their costs if the court grants them their request

*they may file their defence and they may then make you an offer to settle - this happens quite a lot - there is a lot to be said for allowing an extension as if the case progresses and you need an extension of your own, e.g. to file your witness statement, they may make life difficult*

Customer: replied 1 year ago.
I have just emailed them agreeing to their terms for an extension, the deadline is 4pm on 12th June 2020.What happens if I do not hear anything official by then?

If nothing by then (5 days) then you can request judgment in default - either you can do this on the money claim site if you used the site to issue the claim, or fill out the attached and post to the court

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

JimLawyer and 6 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay brilliant. I will leave it to their deadline as we agreed together
Customer: replied 1 year ago.
Hi Jim, they have replied saying an extension is no longer required and they are filing a defence today.

OK, thanks - their acknowledgment must have been processed - they must have checked with the court. You will need to wait for their defence now. If you have questions on the defence and next steps if you can please post a new question to the site. If you would like me to help with the further questions simply mark them "FAO:JIM" and I will pick up. I am available most days including weekends. Thanks

Customer: replied 1 year ago.
I have the defence already, can I show it to you?

Yes please, if you can post it in the new question