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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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How is it determined if a case is allocated to the small claim

Resolved Question:

How is it determined if a case is allocated to the small claim track or not? is there special wording?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
The following are considered by a Judge:
1) Amount in dispute - less than £10,000
2) Trial not to exceed 1 day
3) Complexity - no complex legal arguments
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

sorry I did not mean that . I explain in detail below:


1- My landlord had filed a claim against me for withheld service charges. I defended that claim and made a counter claim for 10,000.00 plus the cost of court fees of 245.00

2- The Northampton County Court, sent a "Notice of Proposed Allocation to the Small Claims Track, which stated

TAKE NOTICE THAT

1- This is now a defended claim.

The defendant has filed a defence, a copy of which is enclosed.

2. It appears that this case is suitable fro allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you muct complete box Ci on the small Claims Directions Questionnaire (Form N180) and explain why.

3- You must by 9 December 2103 complete the small claims Directions Questionnaire and file it with the court office ( Northampton County Court.............)

and serve copies on all parties.

On the same date, The allocation fee of £40.00 is due. This is probably by the claimant, unless proceeding on a counterclaim only.

Following further notice, if the allocation fee is not paid by the due date t.he claim / counter claim will be automatically struck out

______________________

On 6th of December 2013 landlord filed an application for the orders 1- for the defence and counter claim to be struck out 2- transferring issues as relate to the recovery of service charges be transferred to the First Tier Tribunal 3- there be an stay of both the claim and counter claim pending determination of the issues referred to the FTT.

On their Directions questionnaire (Small Claims Track) they stated that they believed that this claim should be allocated to the multi track. They also requested that court to transfer the matters to the central London County court although they intended to apply for that court to transfer the matter to the FTT.

I received Notice of Transfer of Proceedings dated 6th of December 2013 stating "as result of an order made on 4 December 2013, this claim has been transferred to the Central London County Court..."

I also received "General Form of Judgement or Order" which stated Before ...........upon reading a application from the claimant, IT IS ORDERED THAT

1- The claim be transferred to the Central London County Court for the application to be listed fro hearing (on notice) and served.

A hearing was listed for 9th of July 2104. I was sick and could not attend. the case was struck out due to my absence and I was ordered to pay the cost of £15000.00. I applied for the case to be set aside. On 17th of July 2015, the strike out stayed and the cost was set aside and listed for 9th of October to be heard.


On 9th of October claimant claimed the cost should not be considered under small claim track as it was not allocated to any track, claiming suitable does not mean it had been tracked to small claim track and it was provisional tracked to small track. My question is:

a) Is this correct? if not is there any law provisions in this regard to state otherwise and to help my case that it was small claim?

b) Is there special wording that it is normally used in the Notice of Proposal allocation to the the small claims Track, to specify that the case is allocated to the small claim track?

c) and what track should one determine in terms of cost if it was not allocated to small track?
Expert:  Ash replied 1 year ago.
Had it ever ACTUALLY been allocated? I see you have a notice of intended allocation, but did you EVER get a Court order saying it HAD been allocated to SCT?
Customer: replied 1 year ago.

No, I have given all the notices whcih said, it is suitable. i think the confusion was that central London County Court assumed it as small calim court and got confused by the application to strike out as they did not allocated it to any other track either

Expert:  Ash replied 1 year ago.
Thanks. In that case then if it was never been allocated then the protection of small claims track on costs does NOT apply.
On 9th of October claimant claimed the cost should not be considered under small claim track as it was not allocated to any track, claiming suitable does not mean it had been tracked to small claim track and it was provisional tracked to small track. My question is:
a) Is this correct? if not is there any law provisions in this regard to state otherwise and to help my case that it was small claim?
No. Unless it was allocated then the small claims costs provisions do not apply. Rule 27.14 states: (1) This rule applies to any case which has been allocated to the small claims track.
It was not allocated to the SCT and therefore you dont get protection.
b) Is there special wording that it is normally used in the Notice of Proposal allocation to the the small claims Track, to specify that the case is allocated to the small claim track?
No, the Court staff see the value then send out the Directions Questionnaire. These go back and then a Judge allocates it to a track.
c) and what track should one determine in terms of cost if it was not allocated to small track?
There is no track. Costs are a matter of discretion before a Judge and therefore costs are assessed by a Judge if a claim is not allocated to a track, which appears to have happened here.
Can I clarify anything for you?
Alex
Customer: replied 1 year ago.
Isn't that technically the court's error which has not allocated it to any track and I seem to be punished for it?

Also the claimant initially made a claim of £2309.00 of service charges plus £2700 of legal fees. it is now clear that I did not owe this amount, although I paid £1839.00 included in my response pack as I had believed them. The reason I found out about this was that the claimant's legal representatives lied in the court claiming I had not paid the claim, and in the next hearing apologized claiming it was a mistake by hteir client and included a witness Statement, which also included statement of my payments and balance from 2007 onward. In that statement it was quite clear that I only owed £936.00 during the time they filed their claim, which is short of even one quarter of service charge invoice and £1300 less than what they have claimed. My question is;

1- Shouldn't their claim to be thrown out as it was based on false claim? also there was nothing in their bundle to indicate I owed that money on 23rd of September when they had filed their claim and the invoices they had included in their bundle was one from July 2013, two months before their claim and one from December 2013 which was irrelevant to the claim. It seems they have deliberately falsified the amount to make it look reasonable to take to me to court. Can they do that?

2- The claimant now claims that I owed them £1160.00 although they have no document to support this and the only thing they have presented is the witness statement of one of the associates of the legal representative, but although the attached statement of my payment state £936.00. Can the judge accept that when there was no document?

3- Can they also produce my balance of 6th of December which was 2 months after their claim, while there were other balances added due to the further quarterly service charge invoice, claiming that my account only became up to date in December? Shouldn't the court only concentrate on the figure that they had claimed and money owed up to the time of their claim and how much I paid against it?

4-If I was not happy with the cost that judge will order, can I appeal on the above basis?
Expert:  Ash replied 1 year ago.
No. Until its allocated its not a small claim.
If its listed for a CMC or application before its allocated that is usual and costs protection does not apply.
1- Shouldn't their claim to be thrown out as it was based on false claim? also there was nothing in their bundle to indicate I owed that money on 23rd of September when they had filed their claim and the invoices they had included in their bundle was one from July 2013, two months before their claim and one from December 2013 which was irrelevant to the claim. It seems they have deliberately falsified the amount to make it look reasonable to take to me to court. Can they do that?
Yes but if your defence was struck out, they won.
2- The claimant now claims that I owed them £1160.00 although they have no document to support this and the only thing they have presented is the witness statement of one of the associates of the legal representative, but although the attached statement of my payment state £936.00. Can the judge accept that when there was no document?
Yes if there is no defence.
3- Can they also produce my balance of 6th of December which was 2 months after their claim, while there were other balances added due to the further quarterly service charge invoice, claiming that my account only became up to date in December? Shouldn't the court only concentrate on the figure that they had claimed and money owed up to the time of their claim and how much I paid against it?
Again see above, there is no defence.
4-If I was not happy with the cost that judge will order, can I appeal on the above basis?
Yes you can appeal on the basis you didnt attend.
Does that clarify?
Alex
Customer: replied 1 year ago.

I think you misunderestood. I and the court only got to know about their misleading informatio to the court after the claim was already struck out. I was present at the previous session when it was about cost and still waiting to receive the decision of the judge. So basically you say even they have accepted their lie calling it a mistake, after the strike out, even the claim was on false amount, i have no right to appeal on this basis?

Doesn't lying mean anythin in court room? there is no repremand for legal representatives who lie? I can prove theri lies from theri own documents.

Expert:  Ash replied 1 year ago.
So their claim was struck out and they trying to still claim it?
Customer: replied 1 year ago.

Can you plz read all my post carefully. It is not theri claim struck out. Iti s my defence and counter claim struck out.

Expert:  Ash replied 1 year ago.
Yes I read that. But if your defence is struck out, they can claim costs,
Alex
Customer: replied 1 year ago.

And about lying part of my question.

1- Doesn't lying mean anythin in court room? there is no repremand for legal representatives who lie? I can prove theri lies from theri own documents

even i fit is clear they lied to win theri case and I can prove?

2- so can I appeal on the basis theri lie?.

Expert:  Ash replied 1 year ago.
Yes there is, if they gibe a statement on oath or sign a statement of truth.
You can appeal on this basis of a lie.
Does that help?
Alex
Customer: replied 1 year ago.
Thankk you. just to ebe sure, obviously they have not signed under oath, but doesn't the claim form that they have signed a statement of truth? and if it is can i appeal based on their claim form ?
also you forgot to respond below:
should the calim only be considered and based on what it was on their claim form and not what they money i might have owed after their claim was made? is the invoices after the claim even relevant to the case.
Expert:  Ash replied 1 year ago.
Thankk you. just to ebe sure, obviously they have not signed under oath, but doesn't the claim form that they have signed a statement of truth? and if it is can i appeal based on their claim form ?
Yes you can appeal based on the claim form.
also you forgot to respond below:
should the calim only be considered and based on what it was on their claim form and not what they money i might have owed after their claim was made? is the invoices after the claim even relevant to the case.
It makes no difference what is owed after the claim, they can only claim for what is owed and not what might be owed.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 10 months ago.

1- If I decide to appeal a court decision, do I have to pay the court Order specified amount to the claimant (landlord) before I make the appeal or shall I wait for the appeal?

2- what happens if I pay then I appeal to avoid further interest charges, does that go against me in the appeal as if i have accepted it?

Thank you

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