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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 3510
Experience:  Solicitor at BLM
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What are the implications of missing the cut off date to

Customer Question

What are the implications of missing the cut off date to cancel / put on hold small claims court proceedings? I’m the claimant and am supposed to send all my documents / evidence to the defendant by the end of this month (I’m not in a position to do that currently and want to put the case on hold but have not missed the deadline for that)
Submitted: 12 days ago.
Category: Law
Expert:  Anthony Chendo replied 12 days ago.
Hello 

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays.

Is the matter in a court within England or Wales?

Customer: replied 12 days ago.
small claims track in the UK
Expert:  Anthony Chendo replied 12 days ago.

If you wish to put the court procedure on hold you can do so by making an application using form n244.

Within the application you will ask the court for a "stay" in proceedings and also an extension of time to disclose your evidence by.

If the application is approved then your request will be granted.

You can download form n244 using the link below:

https://www.gov.uk/government/publications/form-n244-application-notice

I hope I have clarified the position.

Thanks and stay safe.

Customer: replied 12 days ago.
Thank you
Customer: replied 12 days ago.
I’m past the deadline to do that though (I believe)
Customer: replied 12 days ago.
What would happen to me if I just didn’t submit evidence now?
Customer: replied 12 days ago.
Are there financial implications for me? Or other things to be worried about?
Expert:  Anthony Chendo replied 12 days ago.

Your claim could be struck out and you may have to pay costs to the other party.

The amount in question will be determined by the court.

Thanks

Customer: replied 12 days ago.
I thought as it’s a small claims track that unless a counter claim was already filed by the defendant then there are no ‘costs’ associated with this track so that wouldn’t happen
Expert:  Anthony Chendo replied 12 days ago.
Unfortunately in certain circumstances the court can award costs in a small claims matter if they deem your conduct has been unreasonable. 

I hope i have clarified the position.

Thanks

Customer: replied 12 days ago.
If I did submit evidence and lost the case is there anyway I could be subject to paying anything then?
Expert:  Anthony Chendo replied 12 days ago.

Yes there is a chance this consequence could still happen.

Although courts don't tend to do it. However i can not say this could never happen.

Thanks

Customer: replied 12 days ago.
Ok thank you
Expert:  Anthony Chendo replied 12 days ago.
Your welcome and have a good day.
Customer: replied 12 days ago.
One more question…what form would I use to apply to cancel proceedings completely? (As oppose to putting it on hold)
Expert:  Anthony Chendo replied 12 days ago.

A notice of discontinuance.

Thanks