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Small Claims Court
Support.co.uk |
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YOUR CLAIM PROCESSED IN THE UK
SMALL CLAIMS COURT |
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Time scales are variable depending on
the type of claim, the court workload and the type of response from the other
side. However, we can provide an approximate timetable which probably applies
to 60% of claims.
As soon as we receive your
details we assess the claim and respond to you with any queries. This takes a
maximum of 48 hours. When all queries are settled we will commence the claim
process and forward a Letter Prior To Action to the Defendant. This is
accompanied by a copy of the proceedings but proceedings are NOT issued at that
stage. The Defendant is given 10 days to pay.
If the Defendant pays you
within the 10 days - tell us. We will then immediately suspend further
action.
If the Defendant fails to pay we will request the court fee
and an advance payment of our commission - this to cover our expenses. As soon
as your funds clear at our bank we then issue the proceedings.
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| After The Issue Of Proceedings |
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As soon as proceedings are
filed at court the Defendant is on a restricted timetable. The court will post
the claim form to the Defendant by First Class Post and service is deemed as
being two working days after posting. The Defendant has fourteen days to
respond to the court. If the Defendant responds with an
Acknowledgment of Service the
court will allow the Defendant a further 28 days to file a Defence.
If
there is no response from the Defendant the Claimant can file an application
for Judgment in Default.
Three working days should be allowed for the court to issue the
Judgment For Claimant (In Default) and
the Defendant is usually given 7 days to pay.
When a claim is defended
the court will forward to both sides an Allocation Questionnaire for completion.
This should be returned by the date specified - usually 14 days from receipt -
otherwise if the Claimant defaults the claim can be
struck out.
On receipt of the
Allocation Questionnaires the court will allocate a hearing date which can be
anything from 3 weeks to 3 months from receipt.
Following a court hearing
Judgment for the Claimant is in the form of a General Form of Judgment Or Order and
details when the Defendant should pay the Claimant. This can be anything from 7
days to 28 days depending on the claim and Defendant's circumstances.
A Judgment in Default usually allows the
Defendant 7 days to pay.
If the Defendant defaults then the Claimant
must use one of the enforcement options
in order to continue recovery.
To start your claim please
click on to the button below and complete our simple form. We will get back to
you within 48 hours.
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