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?