I paid an out of court settlement in 28 days instead of the 21 that it said on the letter. I have paid all of it but this does mean it is being paid late. I sent an email explaining why it was paid late. What I wanted to know is if this is something I should be worried about, because I am. Am I going to end up in court? As I said everything is paid, albeit not within the 21 days I was given.
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Out of court settlement
- Thread starter rrqwt
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If the payment has been accepted then I would think you are in the clear. How did you pay it? Were you given an online portal where you had to input a reference number? If so then if they had removed the option because you were out of time, you wouldn’t have been able to pay.
No, it was a bank transfer
Fawkes Cat
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I don't think there's a definite answer to this in that there are too many variables. Practice may vary between train companies, and I can also imagine it depending on whether the railway had already progressed the matter to court: in turn that could rely on whether they check for payment every day, or every week or every month.
On the basis of what we see here, you will probably be OK. But make sure you keep details of when you made the payment so that if the railway<edit>
(edited to correct a typo/muddled thinking)
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To which train company? Did you include a reference in the payment?
East midlands railway, and yes I did.
Elecman
Established Member
When did you pay the amount? Maybe keep a check on your account for a few days to see if the train company reject the payment ? Will show as a credit back on your bank statement
Friday, on the 21st Nov. What benefit would they have giving back the money and prosecuting me if they already have the money? I have also heard some companies charge extra money for late payments, is that something they would be likely to do instead of taking this to court?
WesternLancer
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I doubt there is any problem with this and you will be ok. Just keep proof of payment long term and copies of any other paperwork.
Keep an eye on letters e mail and spam for six months or so just to be on the safe side.
Head here for advice if you need it at any point.
Elecman
Established Member
As you hadn’t paid by the it deadline and we’re a week lte they could have assumed you weren’t paying and therefore already started the prosecution process and therefore refuse the payment and the bank returns the money to your account. Although this action is unlikely but not impossible
How long is the prosecution process? Do these things tend to go to court quickly?
WesternLancer
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No. But the first you would know about it would probably be a letter from the court.
I’m not sure how long that would take but a few weeks after any payment deadline I would have thought.
And if that happened I think there would be enough time to persuade them to re open the payment window to allow you to pay and them to then cancel/ withdraw the court action.
Because even when you get court papers there is some time before any deadline to deal with them / actually go to court to plead.
Keep us posted if any of this comes to pass.
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