Letting a small case get struck out? Can I?

[Witchonastick]

I have a small claims case open against a person/business that owes me money. Not a huge amount but enough that I wasn’t prepared to right it off.

They have admitted and paid part of the claim, about 2/3rds.
I rejected their offer as they still owe me about £150.

I now wish I’d just let them get away with it and moved on. I’ve got so much stress going on in other areas at the moment.

However, because I rejected it I’ve been asked to complete and return a form N180 or it states my claim may be struck out.

What would happen if I just didn’t return the form? Would that be the end of it?
I’m hoping that they might just pay up to avoid going to a hearing.

Will I incur any costs by ignoring the cut off date?

This is my last ditch attempt to get them pay really, so didn’t want to contact them and withdraw the claim.

Any advise would be appreciated, as I can’t find any info online about letting a claim get struck out.

I would apply to get it struck out. If you don't, and it goes to a hearing you could risk having to pay their Counsel fees, which could be quite substantial.

Oh really?
I didn’t think it would automatically go to a hearing if I didn’t return the form.

It states on the email that it may be struck out if no reply sent.

Perhaps I’ll wait a while to see if they pay up first. I’ve got 2 weeks.

@Witchonastick is wrong, if it is on the small claims track costs are limited to the issue fee, win or lose.

Meant this is wrong but there are some exceptions, counsels fees not being one of them. www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

@Jon65 Thanks for that.
So should I be fairly safe to just ignore it, hoping he pays, but if not it’s struck out and that’s that?

I don’t really want to end up with it going to a hearing...