court claim asking for amount plus 'costs'? **Claim Discontinued**

[AndyOrch]

Does seem a long time ...ring the court and ask for the Notice of Allocation,,,that you submitted your DQs in November and not received a word.

 

Dont be surprised if the claimant has not submitted theirs and discontinued the claim.

 

Regards

 

Andy

[Buel10]

Does seem a long time ...ring the court and ask for the Notice of Allocation,,,that you submitted your DQs in November and not received a word.

 

Dont be surprised if the claimant has not submitted theirs and discontinued the claim.

 

Regards

 

Andy

 

Hi Andy,

No such luck, I'm afraid! My friend just rang MCOL and they said that it has been allocated to our local court and that they will be in touch soon. Damn.

 

Ok then, it looks as if he will want me to represent him in court, please can I ask if this is possible? Also, please can I ask where we go from here? I will do all that I need to do....I just need your help again, if you are kind enough to offer it?

[AndyOrch]

No you cant represent him (only a Solicitor or Barrister can speak for a litigant)...you can accompany him ...sit with him but the judge will only speak to him.

 

Next stage is to wait for the Notice of Allocation ,,,that will contain all the directions and dates of which you should comply by.

 

Regards

 

Andy

[Buel10]

No you cant represent him (only a Solicitor or Barrister can speak for a litigant)...you can accompany him ...sit with him but the judge will only speak to him.

 

Next stage is to wait for the Notice of Allocation ,,,that will contain all the directions and dates of which you should comply by.

 

Regards

 

Andy

 

As ever, thank you Andy!! If we don't contact each other before, let me wish you and yours a wonderful Christmas and a great new year! You are one of the good guys!!!

[AndyOrch]

And the same to you and yours Buel10

 

All the best.

 

Andy

[Buel10]

And the same to you and yours Buel10

 

All the best.

 

Andy

 

Hi Andy. I hope all is well.

Just a quick one - my friend has received a letter explaining that the court date is in March and that the claimant will have to pay £300 by the middle of January.

Please can I ask if he will have to pay this if he loses?

[AndyOrch]

Should he lose no doubt the claimant will add all costs uncured in bringing and processing the claim ...however costs are fixed in small claims track so it would be at the judges discretion to allow it to the figure outstanding on the summons.

 

Andy

[Buel10]

Should he lose no doubt the claimant will add all costs uncured in bringing and processing the claim ...however costs are fixed in small claims track so it would be at the judges discretion to allow it to the figure outstanding on the summons.

 

Andy

 

Hmmmm.....interesting. Thank you Andy.

Here's a question for you - Do you think we'll win?

[AndyOrch]

Im afraid the crystal ball is in for service at the moment...but a court should look at the defence and see if the claimant acted reasonably...which in this case the facts depict otherwise...but we shall see

[Buel10]

Im afraid the crystal ball is in for service at the moment...but a court should look at the defence and see if the claimant acted reasonably...which in this case the facts depict otherwise...but we shall see

 

Thank you Andy. Let me know when the Crystal ball is back in your hands

 

Thank you again for your brilliant help. If there is ANYTHING that I or my friend can do to help prepare for this then please do let us know!! I guess in the meantime, it'll be interesting to see if they stump up the £300.....!

Happy new year to you!

[AndyOrch]

Well that will be the test......nothing really for you to do except make sure all directions have been followed/complied with within the Notice of Allocation

 

All the best

 

Andy

[Buel10]

Hi Andy, I hope you are well.

 

Just to let you know that they have until 4.30pm tomorrow to make the payment of £300, they haven't up to this point. I'll keep you updated.

 

Thank you, as always,

 

Buel

[AndyOrch]

[Buel10]

 

Hi Andy.

 

My friend has just phoned the court and they have not yet paid up. However, the lady he spoke to said that they will give them a further seven days to pay? When my friend then phoned up again to check this, and quoted the Notice of Allocation 'Failure to pay the fee will result in the hearing being removed from the list', and asked about the seven days comment, another lady said "Will you be applying to get it struck out then?". He replied that he would have to. She said that it has to be in writing.

 

Please can I ask if this is all correct? That if they do not pay by 4pm today then it isn't automatically 'chucked out', so to speak and they get a further seven days grace?

 

Update:

He has just rang the court (and spoke to a man this time) and they did not pay up. My friend asked if there is anything he needs to do and if they will be given seven days grace and he said definitely not and that he wouldn't have to do anything. When my friend asked if it will get struck out, he said "I'm looking at my colleague and she is nodding her head, yes it will".

 

Does this sound correct, Andy?

[SabreSheep]

I would imagine what will happen is the DJ will issue an order to both parties (Directed at the claimant) to pay the hearing fee within 7 days or the case will be struck out

 

Then following that it would be struck out.

 

I may be wrong but if you applied for a strike out, there would be a fee to pay AND the defendant would get an opportunity to contest it (And pay the fee) and or have it set aside and be able to continue the claim

 

Andy will tell you though

[AndyOrch]

I would wait and see if they do issue a further order or whether they strike it now...you will be informed either way.....if not say by 7 days then you could consider an application...but wait let the court do it for you.

 

Andy

[Buel10]

I would wait and see if they do issue a further order or whether they strike it now...you will be informed either way.....if not say by 7 days then you could consider an application...but wait let the court do it for you.

 

Andy

 

Thank you Andy. I will keep you updated!

[Conniff]

Has the actual bill been paid yet ? If not, why not ?

[Buel10]

Has the actual bill been paid yet ? If not, why not ?

 

I'm pretty sure I explained earlier in the thread that it was paid. Of course it was paid. He paid it as soon as he received the invoice.

 

Andy, I've just rang the court to ask on the status of the claim and they said that the lady in charge of it has sent them a reminder letter and given them an extended deadline of 26th January.

 

Please can I ask for your opinion why they would do this? I said to them that surely a deadline is a deadline but she wouldn't comment on this.

[AndyOrch]

Thats always been the case Buel...wait until the 26th and check again then we can decide the next move.

[Conniff]

There are lots of threads with this sort of thing and I've never understood why they make rules and then don't stick to them. If it was you, it would have gone through.

Not only not sticking to rules, but actually writing to them giving them extra time when there is no excuse for extra time. Is the cost of that letter going to be added to the court fees, I wonder.

 

 

Why would they do this, well, just a guess, but maybe they have to get through a quota of cases in order to fill the court purse so don't really want someone withdrawing their complaint.

 

 

Sorry I missed where you said the bill had beeen paid.

[Buel10]

Thats always been the case Buel...wait until the 26th and check again then we can decide the next move.

 

Thank you Andy. I think what I'm trying to get at is why the 7 day extension when there is no mention of it in the Notice of Allocation?

 

There are lots of threads with this sort of thing and I've never understood why they make rules and then don't stick to them. If it was you, it would have gone through.

Not only not sticking to rules, but actually writing to them giving them extra time when there is no excuse for extra time. Is the cost of that letter going to be added to the court fees, I wonder.

 

 

Why would they do this, well, just a guess, but maybe they have to get through a quota of cases in order to fill the court purse so don't really want someone withdrawing their complaint.

 

 

Sorry I missed where you said the bill had beeen paid.

 

No problem Conniff.

Your comments are exactly how I feel but that could be me being emotional. However, I will wait for 'the voice of reason', AKA Andy, to explain why they did this (if he gets time).

[AndyOrch]

Court procedures can sometimes be frustrating and questionable...leniency is shown to a degree for both parties on certain parts of the procedures on other parts ...not.

 

Payment and fees being one...but nether the less it is still sanctioned and if not complied with by the date requested it will be struck out.

[Buel10]

Court procedures can sometimes be frustrating and questionable...leniency is shown to a degree for both parties on certain parts of the procedures on other parts ...not.

 

Payment and fees being one...but nether the less it is still sanctioned and if not complied with by the date requested it will be struck out.

 

I understand....but yes, it is frustrating.

Thank you for clarifying things Andy.

 

I understand....but yes, it is frustrating.

Thank you for clarifying things Andy.

 

Hi Andy. I hope all is well.

Annoyingly, they have paid the hearing fee. I have to ask - is there not a way of appealing the extra time they were given and applying for it to be struck out?

[AndyOrch]

Yes but futile and shows desperation...and its adding to your and their costs...just let it proceed