DMBM680760 - Ordinary cause: Insufficient time for cheque clearance before the expiry of the period of notice

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Payment including costs

If the defender pays the claim in full including the costs by cheque but there is insufficient time for clearance before the expiry of the period of notice (DMBM680090)

  • bring the payment to account
  • complete the appropriate costs record as necessary
  • note the appropriate computer records.

Payment excluding costs

Where the defender pays the claim in full excluding the costs by cheque but there is insufficient time before the expiry of the period of notice you should

  • bring the payment to account
  • complete the appropriate costs record as necessary
  • note the appropriate computer records accordingly
  • make one application for payment of the costs.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • complete the appropriate costs record as necessary and
  • note the appropriate computer records.

Cheque returned unpaid

As long as no notice of intention to defend (NID) has been lodged by the defender if the cheque given to you in payment is then returned to you by the bank as “unpaid” you must advise the defender, preferably by telephone, that you will be seeking decree.

As soon as possible after the expiry of the period of notice you should minute the court to grant decree in absence (DMBM680740).