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Urgent - money claim against us by a trader

(3 Posts)
Isabelle112 Thu 27-Oct-16 21:17:57

Painter with whom we have dispute but tried to resolve by a) involving Checkatrade & b) trying to follow Checkatrade's advice (to him and to us) by seeing him to discuss, has now issued claim for the money (& a court fee). We are willing to admit part payment - there were a lot of problems. Painter has not followed advice to settle dispute nor it seems court protocols by trying to settle before considering a claim

Query 1 - running out of time. Have completed an Acknowledgement of Service but need to complete an admission form and defence. They include a lengthy set of questions about income/expenses/debts. Would the claimant be able to see this very personal information online (he may have issued his claim online) or is it for the court's attention only, at least at this stage?

Query 2: Notes to defendents say if you admit only part of the claim, you need to send admission and defence forms to court within 14 days of service. But notes to claimants say that if a defendent admits only part, they can complete an AOS and have, from date of service, 28 days. I wonder which is correct? I hope the latter as we are nearing the end of the 28 days from date of service. I have had to make enquiries, dig into the painter's Checkatrade profile etc.

Any help with either/both query would be gratefully received!

NewIdeasToday Thu 27-Oct-16 21:26:26

How can painting go this wrong???

prh47bridge Fri 28-Oct-16 07:49:28

You only need to complete the sections on income, expenses, etc. if you want to pay by instalments. If you can pay the amount you admit in full you only need to fill in the box at the start of the form and sections 1, 11 and 12.

You must submit the AOS within 14 days. Having done so you must then complete your defence within 28 days of service. This is under "Can I have more time to complete my defence" in the guidance for defendants. If you haven't returned the AOS yet you are late and the painter can apply for judgement. You need to return the AOS immediately and hope it gets to the court before the painter's request for judgement is processed. If you have returned the AOS you still have time to submit the other forms.

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