DMBM665680 - Enforcement action: country court proceedings: the defendant’s response to the claim: payment received with conditions attached
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You can find general information on the acceptance of payments received with conditions attached at DMBM209145. The following information contains specific guidance for CCP cases.
Payment with conditions attached
Where the debtor makes a part payment and states that it is in full satisfaction of your claim or attaches other unacceptable conditions to the payment, it is important that you write immediately to the debtor and say that you:
- accept the payment without prejudice to your claim in the court
- reject the conditions attached to the payment
- intend to apply for judgment for the unpaid balance in the absence of payment or a defence.
If you do not receive payment of the balance by return or a defence, you should:
- write to the court and say that you do not accept the payment as satisfying your claim
- apply for judgment in default for the outstanding balance.
Additional action for PAYE - P101 cases
If the defendant claims that the actual amount is paid and nothing further is due (for that period):
- write to the defendant as above
- advise that this (the specified amount) is the amount now due from them as an employer under Regulations made under the Taxes Acts and the Acts relating to Social Security
- apply for judgment in default for the outstanding balance.
Additional action for CCBC cases
Use RECORD ACTIONS to move the work item away from the automatic judgment in default process to C/W CCP. B/F the case to await processing of the payment.