Re-allocation of a fast track case.

[loz1234]

Hi i wonder if you wonderful people would be able to help, my legal knowledge does not stretch this far. Last year we were sued by a customer in the small claims court which we lost.We had a date with which we were supposed to pay the claimant but he avoided our payment. I informed the court on every level and wrote and called them several times to inform them we had tried to pay. Eventually it went back to court and the judge said we had to pay within 7 days, we were given bank details and paid the amount. In the original case the judge said that when payment was made we were allowed to recover our property.(this was why the claimant delayed us paying). The claimant informed the judge that he had disposed of our property and the judge said we would have to take him back to court to recover the costs of the property. This being less than 5000 pounds. I applied to the small claims court and filed the relevant documentation. I asked for the case to be heard in the small claims court where the costs are smaller and the original case was heard, but they have allocated it to fast track and the costs are so much more. Sorry to beat around the bush, but i was wondering if any one new how i can change from fast track to small claims. Many thanks for any help

[SuperVillain]

From CPR Practice Direction 26:

 

Re-allocation of claims and the variation of directions

11.1

(1) Where a party is dissatisfied with an order made allocating the claim to a track he may appeal or apply to the court to re-allocate the claim.

(2) He should appeal if the order was made at a hearing at which he was present or represented, or of which he was given due notice.

(3) In any other case he should apply to the court to re-allocate the claim.

 

Looks like you'll have to make an application to the Court. Has the claim been transferred away from the CCMCC?

[loz1234]

Yes the case was transferred to our local court. Would you know how i go about making an application to the court to re-allocate. Many Thanks

[SuperVillain]

As far as I'm aware you'd do it with a form N244 filed at Court with the Court Fee of £45.00.

 

It might be worth calling your Court to check how best an application to re-allocate claim to small claims track can be made.