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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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Small claims track A solicitor is representing a claimant

Resolved Question:

Small claims track

A solicitor is representing a claimant for £1000. They were suppose to pay the court hearing fee on 2 March 2014 but have asked for an extension until 1 April 2014, which I found out by ringing the court today.

The claimant keeps emailing directly and saying pay up or I will take it to court, I have not responded.

The solicitor is not a straight forward person nor is he one to resolve a matter, the deadline to exchange is also 1 April 2014.

Is he trying to catch me out on timing AND receive my defense so he can build his claim?

Can I ask for an extension to exchange and change the hearing date due to him not paying?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is the significance of him emailing you directly and saying he will take you to court when it appears that he has already issued proceedings against you in court?

If you are exchanging witness statements on 1 April, what difference does it make whether he has paid the hearing fee or not?

As this is Small Claims Court, why is he using solicitors? He will not get those costs back for a claim under £10,000.
Customer: replied 2 years ago.

Well, he's emailed today saying let me know by the end of day today, and when I rang the court the extension to pay is tomorrow. Aside from that it doesnt mean much else.

The solicitor is his friend, and for the last year he's been trying every trick in the book.

The thing is, they haven't sent me anything and I know they will build their claim on my defense because they have nothing in their claim.

So can I not extend the exchange date or the hearing date?

Expert:  Jo C. replied 2 years ago.

You can do two things.

You can apply for the claim to be struck out for non-payment of the fee and you can apply to adjourn the hearing and extend the period for exchange of witness statements and documents and however I cannot see what basis you have to adjourn the hearing for non-payment of a fee.

If you have a deadline to exchange of 1 April the payment of the fee would appear to make no difference to that going ahead and therefore I don't think you have any reasonable grounds to adjourn that or the hearing.

I can see no reason however why the court should extend the deadline for the payment of a simple fee.

If the claimant did not have the money to proceed with this litigation, quite simply, he should not have gone ahead!

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience: Over 5 years in practice
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