I recently put in a small claim through moneyclaim.gov, which I won by default as the defendant didn't respond. As I was convinced the company concerned is about to go bust I didn't hang about and applied for a Warrant of Execution, costing 55 GBP. However two days later I received a cheque from the defendant, settling the debt but obviously not including the 55 GBP as they wouldn't have known about it yet. I immediately contacted moneyclaim.gov in order to try to retract the warrant request, but it was too late.
Is the defendant still liable for the 55 GBP or do I lose it? :-(
The documented 'timetable' is as follows:
- I submitted online request for Judgement: 8 Jan
- Judgement issued and sent to defendant: 10 Jan
- I requested Warrant of Execution: 16 Jan
- Warrant request issued by moneyclaim.gov and sent to defendant's local Court for execution: 17 Jan
- Cheque delivered to me (by 1st class, recorded delivery): 18 Jan
So, where do I stand?
What happens if I just tell the court I've received the payment but less the 55 GBP and see what happens... presumably I've nothing to lose?
Thanks David