I recently filed a small claim for £500 to local court - had a letter and not sure what it means?

I filed the case, defendent owing the £500 filed a defence in full stating he does not owe the money. his defence consited of 5 lines saying " i told him it was non refundable deposit and i have had enough of this!"





Since this was submitted, i filled in court questionnaire and added further details to my claim.





Yesterday i hada letter from the court from the judge saying a "Statement of order" to have defence struck off as no real likelyhood of success.





What does this mean, what do i do now and will the defendent know this now. Can he appeal.

I recently filed a small claim for £500 to local court - had a letter and not sure what it means?
it basically means you have no chance of winning the case my advice give up now you aint going to win so stop spending money
Reply:The last two people who have posted seem to have misread your question. You stated that you received an Order which said that the DEFENCE should be struck out. That is great news for you. That means that the Judge thinks that the Defendant's case has no real prospect of success. This means that you should be able to get judgment entered in your favour for £500, if this has not already been done. I would speak to the court office to find out about the correct procedure.





The Defendant will know about the Order as it will be sent to him. He will be able to apply to have it set aside, or he can appeal the Order. He might try to do one of those things whilst you are applying for judgment.





In response to your additional information, what this means is that the Defendant can apply to have the Judge's order set aside, and the usual time limit for doing this is 7 days. That means the case will go for a hearing in the County Court and the Defendant will have to persuade the Judge why the Order should be set aside. He will have a good chance of getting it set aside if he can show that he has a good Defence. He does not need to show that the Judge was wrong to make the Order in the first place, only that it would be in the interests of justice for the Order to be set aside.





If he does not ask for it to be set aside, he has the alternative of appealing against the Order to a Circuit Judge of the County Court. He would be unlikely to win an appeal, because he would have to show that the Order was wrongly made in the first place, and it sounds like that would be difficult for him to do.





Anyway, you do not need to worry about what he may or may not do, you could just apply for your judgment, and you could also ask for your costs, e.g. court fee. If the Defendant does not pay up he will have an unsatisfied County Court Judgment (CCJ) on his record and that will affect his ability to get credit. If he does not pay up you can ask for the judgment to be enforced, and any further costs you incur in doing this can be added to the judgment debt.
Reply:it means he has no money to pay you and your wasting your time and will be a fortune for court fees for the claim to go ahead.
Reply:It would seem that the Judge has looked at the file and considered there is no likleyhood of you getting the judgement.


When you were paying for the goods or services, was there a clause indicating 'no refund'? If so, you have no case if this is a private transaction with another individual. If it is with a Company, the situation is different e.g. Merchantable Quality, Fit for Purpose etc.


The only avenue you have now is a Private Prosecution in the County Court but beware, beacuse if you lose there and this is likley, costs would be awarded to the Defendant, making you well out of pocket.
Reply:No it means that the Court , does not wish to contuine as there is a great chance that the defendent will not pay , in other words forget it you are not getting your money





And it makes you wonder why people think the law works , it does , but for the wrong people
Reply:yes