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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
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Experience:  Award winning lawyer with over 15 years experience
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I have just received a letter from the claimants solicitor

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I have just received a letter from the claimant's solicitor to inform me that my application to withdraw my appearance in a civil case was rejected by the District Judge and that she awarded the claimant's legal team £7,500 in costs. I did not attend the rearing because I live in Spain and was instructed by the judge to send in written arguments to the UK court. I have been informed that I now have 28 days to make the payment of £7,500 but I do not have that sum available, given that my annual income is about that amount and my wife and I obviously need money to live on.

My question is whether it is still the case that defendant's who have a judgement against them and costs awarded can apply for time to pay or to make payments by instalments. Or is it now the case that solicitors simply go straight for a bankruptcy order? In the old days I am pretty sure judges took the defendant's financial circumstances into consideration and made orders as to a payment schedule that was fair and within the means of the payee. Is that no longer the case?
Thanks for your question. Please remember to RATE once you get my answer.

You can make an application to the court either to appeal the decision if you consider that it was wrong in law, or as mentioned above you can apply to pay by installments based n your income etc.

I hope this helps

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Customer: replied 3 years ago.

I do not think I have much chance at appeal due to the fact that I submitted a defence instead of challenging jurisdiction (as I live and work in Spain). The application to withdraw my appearance failed and cost me £7,500.


So my best option is to apply to pay by installments. How do I do that?

You can make an application to pay by installments on form N245

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Customer: replied 3 years ago.

Should I wait until the 28 days are up on the 3rd October (when I will be away) or should I apply to the court right away using N245? In other words must I wait for a CCJ application on the part of the claimant's solicitor or can I anticipate that and apply to the judge who originally heard the application to withdraw my appearance and who awarded the costs?

You can apply straight away. I would be minded to write to them first but then make your application to the court. It does not matter if a different Judge deals with your application.

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