DMBM678430 - Summary Proceedings (Sc): Small claims - defended claims for PAYE/NIC: Defences where sums quantified

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Defended claims

Where before the preliminary hearing, you learn that the employer or contractor intends to appear you should

• contact him to find out if he disputes the sum claimed and if so
• try to resolve the matter prior to the hearing
• quantify the sums due or where appropriate arrange for a fresh quantification to be prepared and obtain the employer’s/contractor’s agreement to the amount wherever possible.

At the hearing you should

• advise the court that you have discussed the matter with the employer and
• move for decree for either the sum claimed or the reduced sum as agreed plus outlays (DMBM675100).

Where you are not aware until the actual hearing that the employer/contractor is disputing the amount due, you should advise the court that the amount of the claim waseither

• determined from information provided by the employer/contractor or
• extracted from the employers/contractors records.

If the employer/contractor however provides evidence to show that the figures may be incorrect and you have no reason to dispute this evidence you should

• tell the court that you would be prepared to accept his figures and then
• move for decree for the reduced sum, plus outlays.

Otherwise you should

• ask the court to fix a date for a full hearing to enable you to seek advice from the IR Solicitor (DMBM678060).

You should then arrange for your papers together with a full report of the hearing to be referred immediately to HMRC Solicitors Office.