MCOL Strike Out?

[Obuscurantist]

I have issued a Small Claim via Money Claims Online. The Defendant is unrepresented but has either phoned or emailed the Court complaining that the Claim is unreasonable. The Claim form has been referred to a district judge. The claim is for a specified sum, but the clerk suggested it might be unsuitable for MCOL and might therefore be struck out with guidance to re-file via CCMCC.

 

Is this correct and is it a common process? If it is struck out, can it be re-issued or should I make an application asking for it to be reinstated and transferred?

 

 

Anyone else run into this?

[Guest]

fuller details needed, background, re yr claim, why wld/do they see it as unsuitable, etc.....

[caro]

If it's struck out it can't be re-issued but what reason has been given for it being struck out?

 

We need more info to be able to help.

[Obuscurantist]

If it's struck out it can't be re-issued but what reason has been given for it being struck out?

 

 

It has not been struck out. The clerk has said it may be struck out as unsuitable for MCOL by virtue of not being a simple fixed sum and that if it is there will be an order or guidance letter inviting it be reissued on paper.

 

 

Also -

 

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Edited May 9, 2015 by dx100uk
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[SabreSheep]

Read post 3

 

What is the claim for

What was your POC

[Guest]

as asked, fuller details needed. quid pro quo

[BankFodder]

A small claim is generally speaking a simple claim for a money amount.

 

This is generally speaking a fixed sum but on occasion you can suggest a maximum amount and leave it to the discretion of the court to decide what the level of damages would be subject to the maximum that you have identified on your claim.

 

This is called a Part 7 claim.

 

Where you are not claiming just a fixed amount that you are asking for some kind a court order, then you are dealing with a Part 8 claim.

 

The "parts" referred to parts of the CPR – the civil procedure rules which you can find on the County Court's website.

 

Generally speaking it is more expensive to bring a part 8 claim and although there can be a default judgement on a part 8, there would still have to be a hearing to decide on the order to be made.

 

It seems to me that you have made a part eight claim using part seven formalities.