Dealing with Defences or Admissions
After issuing your case with Money Claim there are various next steps.
If you have received a paid, full, or part defence to your claim, you must notify the court. This is done by following the directions provided with the copy of the defendant’s response. Additionally, you may have been sent a questionnaire to complete - make sure to return this by the date specified or your claim may be struck out.
If both parties agree, the case may be referred to a mediator. If mediation is unsuccessful, or if no agreement is reached, the claim will be transferred to a local County Court Hearing Centre. If you are making a claim against an individual, the claim will be transferred to their local court. If you are making a claim against a company, the claim will be transferred to your local court, or to your solicitor’s local court.
To find your local county court, simply search here. If you wish for the claim to be dealt with at a different court, you can explain this on the questionnaire. Both you and the defendant can make such a request.
If the defendant admits the entire claim and you wish to accept this response, you can request judgment online. If you do not agree with the repayment method the defendant has offered (or if they have not made an offer) you can ask the court to ‘determine’ the judgment. However, this cannot be done online and you will need to apply manually. Similarly, if the defendant admits only part of the claim and you do not accept the offer, you will need to apply manually.
Informing the court of settlement / discontinuing the claim
If you receive payment immediately after submitting the claim, you can mark the claim as settled online. However, the claim forms will still be issued and you will not be eligible for a refund of the court fee. If you receive partial payment after issue, you do not need to let the court know until full payment is made. If you are willing to accept the amount you have received in settlement of the claim, you can mark the case as paid by selecting the ‘update claim status’ button.
If the defendant pays you after the claim was issued, you may still be able to pursue them for the fees (although the defendant may file a defence disputing the fees). If you wish to discontinue the claim, you will need to file an N279 Notice of Discontinuance. Guidance on how to do this can be found in CPR 38.3.