Responding to the claim

[IPMatters]

Hi

I have a really weird situation currently.
I'm hoping you might see this question Andy!

A rather intimidating Defendant, who made threats, has done two irregular things in my view!

1) Deposited a random sum of money into the photograph's bank account, despite being told not to do this, as the Claimant wasn't settling for that amount.

.... the case was filed at court regardless. The response pack was then sent to the Defendant company as soon as it came back from the Court stampled. But then....

2) The Defendant plonked another sum of money into the bank account. This time, the amount when added to the original sum deposited added up to the amount sought including the court fee paid!!

I mean why did they not simply answer, replying with the response pack given?

My question therefore is this please.
Do I wait for them to answer the claim and to tell the court they have paid?

Many thanks
Helen

[AndyJ]

Hi Helen and a belated welcome to the forums.

I agree that this not the conventional way to conduct litigation! If you are satisfied that the total amount lodged in the claimant's account covers the amount of the damages being sought plus the court filing fee, then I think it is worth waiting to see if the defendant returns their defence within the stipulated time, ie 14 days from service, or alternatively asks the court for more time to respond. Waiting doesn't impact the work of the court and it might just bring a little clarity to the defendant's position. Obviously if the defendant misses the deadline, then the claimant would be likely to get default judgment. However given that the court tends to be user friendly, the defendant may be allowed to file late if there are extenuating circumstances. Either way the claimant appears to be in a good position.

[IPMatters]

Thank you so much Andy.
Always such great advice, and sorry I have been off screen for a while! I have another question I can ask though . I will pop it in a separate topic!


Thanks again!
Helen