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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience:  Partner in national law firm
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Court date. There is a small claims track court date for the

Resolved Question:

Court date.
There is a small claims track court date for the 17th april 2014, however I am not available on that date, a pre-questionnaire was not filled in because this claim was in the fast track and was amended and put into the small track.

what can i do? The other side has also not paid the court fee and asked for an extension until 1 April 2014 and has not provided me with their witness statement etc
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes : My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Are you the claimant or defendant in this matter?
Customer:

defendant

Customer:

claim amount is 1000

Alex Hughes :

OK. and do you know what the hearing on 17th is for?

Customer:

yeah, the court hearing..

Alex Hughes :

Is it for TRIAL or some other purpose?

Customer:

trial

Alex Hughes :

OK. Give me 5 mins to type an answer.

Customer:

ok

Alex Hughes :

I'm surprised the court has a fixed a trial date with the questionnaire being returned. But if they have sent a questionnaire you need to complete it and return to the court as soon as possible. The claimant has to pay the court fee - not you. If the claimant does not pay then his case could be struck out.

Customer:

yeah I called about that they said they were to pay in march 5

Customer:

but were given an extenstion until 1 april

Customer:

but I have to wait 10 days to know if they paid by 1 april

Customer:

but the trial date is 17 april...

Alex Hughes :

If they've been given an extension then you'll have to wait and see if they paid.

Alex Hughes :

You can ask the court to adjourn the 17 April. Why cant you attend?

Customer:

Ive sent them an email and fax today (claimant) saying if they dont confirm why they havent given me their bundle and are they paying the fee I will apply to strike the claim out

Customer:

holiday, I know that sounds like im taking a holiday because im privledged but its not, its the only time i can get away

Customer:

i would have put that in the questionnaire but didnt get 1 for this small claim track

Alex Hughes :

You can apply to strike out their claim but need to be sure whether they've paid the fee etc.

Customer:

hence why i faxed them and said respond today

Customer:

by 4pm

Customer:

they were meant to exchange 14 days before, ive not had anything from them

Alex Hughes :

Going on holiday is fine but you'll have to persuade the court that this is a compelling reason to adjourn the case. Normally you'd ask the other party if they consent to your application. Then contact the court. But if they haven't paid the fee and not doing anything else about the case then you'd be better off waiting for a few days.

Customer:

thing is, the solicitor theyre using is extremely dishonest, for example this claim was exaggerated at 15,000 and it cost me 3,000 to show the court its a 1,000 claim - its my opinion he is hoping I leave it so he can win the case without me being there, or he wants my defence to build his claim on because he has no real claim

Customer:

thats why im torn between adjourning or striking out?

Customer:

he also got his client to email me yesterday saying pay up or else ill go to court...but its already a claim :-S

Alex Hughes :

I can see you dilemma.

Alex Hughes :

Is there any way you can postpone your holiday because you seem to be in a good position to have this claim struck out for non-compliance.

Customer:

thing is the holday is 10 days, and no. by the time i give a strike out i wont get a hearing date for at least a month (say from tomorrow?)

Alex Hughes :

OK. I think you should apply for summary judgment under Part 24 CPR on the grounds that the claimant has not complied with the directions and "there is no other compelling reason why the case or issue should be disposed of at a trial".

Alex Hughes :

You can rely on the fact that this was a spurious and exaggerated claim and that the claimant has no real prospect of succeeding on the claim or issue.

Alex Hughes :

If you apply for an adjournment the claimant may get their house in order and do all the things that they've failed to so far.

Customer:

does the adjournment application cost?

Customer:

or can i email via e-filing (it is a small claim track)

Customer:

which part of CPR does adjournment come under

Alex Hughes :

I have noticed from the fees guidance that "...no fee is payable for small claims £1,500 and under..."

Alex Hughes :

So I'm confused as to why a) the court is asking for a fee and b) the claimant has asked for time to pay and file.

Customer:

says in the direction "325.00 payable"

Alex Hughes :

£325 is for a claim worht more than £3,000.

Alex Hughes :

Are you sure the court decided its a £1,000 claim or does it still stand as £15,000?

Customer:

im sure it clearly says it in the order by the judge limited to 1 claimant, let me check

Customer:

yeah, the solicitor gave an amended claim form to comply with that order

Customer:

for the sum of 2675 (costs included)

Customer:

not 1000

Customer:

but thats not 3000

Alex Hughes :

So including costs and interest etc its more than £3,000?

Customer:

no, its 2675 TOTAL

Customer:

I think that fee is including the hearing fee and the initial fee (combined together)

Customer:

because its a fresh claim but with the same claim number (its very messy I know)

Customer:

ok to keep it simple, my head hurts...whats the best way to adjourn? form n244?

Alex Hughes :

I'm very confused too.

Alex Hughes :

Yes form N244.

Customer:

and my reason for adjournment is, the claimant has not followed court direction

Customer:

and i request the court to advise/instruct accordingly

Customer:

believe me i get confused, the solicitor as i said is very very dishonest

Customer:

he even confused the judge

Alex Hughes :

The application to adjourn is for your holiday. If you want to strike out/apply for summary judgment then that's a separate application.

Alex Hughes :

The strike out/summary judgment is on the basis that they have not complied with court orders plus there is no good reasons why the matter should proceed to trial.

Customer:

ok thats fine

Alex Hughes :

I looked at your past questions and can see some history. This has clearly been a messy/stressful/confusing situatio.

Customer:

sure has, thats why it cost me 3,000 just to get the judge to believe me! Thanks for your time

Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience: Partner in national law firm
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