Small claim court - process advice - cws

Currently going through a claim against a roofer via small claims court and just need some clarification on the process, if anyone has personal experience please.

Claim submitted online MCOL - Money Claim Online with the following updates:

Your claim was issued on 23/06/2022

You submitted a judgment against XXXX on 18/07/2022

Your judgment against XXXX was issued on 19/07/2022

As I understand it, the defendant now has until 07AUG22 to respond as to whether he accepts or contests - issue date=date judgement issued+5days and then 14days after that

3 scenarios will now follows -

1-he accepts and pays

2-he challenges

3-he ignores

If he challenges then as I understand it will be a hearing but what if he continues to ignore (as he has done all along)?

Small claim court - process advice - Brit_in_Germany

It sounds like the defendant didn't respond withing the 14 days and there is a judgment by default.

The process is set out here.

Making a small claim - Citizens Advice

Small claim court - process advice - Bromptonaut

Was involved in this stuff professionally in the eighties and while web enabled processes have changed some things I don't think the basic principles are much different.

I agree with Brit in Germany. It looks as though your claim (what we used to call a Summons) was issued on 23/06/22. Allowing time for service he than has 14 days to respond either admitting the claim and making proposals for payment or by intimating a defence. In the latter case he gets more time.

If he's not responded in 14 days the claimant can have Judgment by Default. It looks as though you've done that on 18/07/22.

You are now at the point where you can enforce the judgement:

www.gov.uk/make-court-claim-for-money/enforce-a-ju...t

As that link shows there are several ways to enforce the judgment including sending in court bailiffs or requesting a third party order against the roofer's bank .

The risk with enforcement is that it might be ineffective. Your man may have no money and his work van/tools have some protection from being seized.

Worth checking to see if he has 'history' with the register of judgments:

www.trustonline.org.uk/

If he's a limited company do his filings at Companies House provide any clues?

He may also have long experience of 'playing the system'. One tactic is to wait for you to try and enforce and then try and find grounds to get the judgment set aside.

Unfortunately there are, or certainly used to be, a significant cohort well skilled in stretching the process while the claimant throws more money at the problem in court fees until they give up.

Edited by Bromptonaut on 22/07/2022 at 11:39

Small claim court - process advice - Andrew-T

As Bromp says, there are plenty of shysters in this kind of trade. You may be lucky, but if not, the most satisfaction you may get will be dis-advertising him on a rogue-trader website. Unless a lot of money is involved you easily end up throwing good money after bad.