Does my debtor need to pay for Warrant of Execution?

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

Reply to
Lobster
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Did your award include costs? If so, your warrant will cover.

Reply to
Robin T Cox

You notify the courts that you have recieved payment less the execution costs so they have not paid you in full then the proceedure strarts again , you dont have to chase for the costs if you dont wannt to

They could apply to the courts and try to get the warrant set aside as they have already sent payment but whether they would be successful i dont know

Reply to
steve robinson

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