Small Claims Court

[pussyfoot]

I started a claim to the small claims court Nov 20 making a claim for a company overcharge. There has been various correspondence to & from for several months and a court date was eventually set. I have just received a letter saying the case has been struck out as I have not paid the fee but I paid the fee months ago when I first submitted the claim as that was when it had to be made.
I have my bank statement showing I made payment when the claim was submitted.
Is this just a mistake on their part?

[jno]

maybe, or maybe their bank failed to notify them. Can you get in touch with them and show them the statement?

[barry1010]

I am sure you pay to lodge the claim at the very beginning and then there is another fee to pay for a court hearing. Did you pay both?

[pussyfoot]

I only received it this morning (Saturday) and they won't be open until Monday. The court is 20 miles away & I don’t drive I'd need 2 trains and a taxi.
So I haven't got it wrong then, or do you have to pay again if it goes to court. I’m worried sick now as they could make a counterclaim against me!

[pussyfoot]

I paid when I first made the claim I thought that's all you pay.

[Fitzer]

There is a breakdown of fees here (about a third of the way down) https://www.moneysavingexpert.com/reclaim/small-claims-court/

[barry1010]

Sadly not, pussyfoot

[THECORBYLOON]

When you received notice of a hearing date, was there nothing telling you about a hearing fee?

[barry1010]

Trial Fees:

If a claim is defended, the court will set a trial date and specify by when the trial fee must be paid. Small claims court fees are less expensive that other claims.

If the trial fee is not paid, it will likely lead to the claim being struck out or the trial not going ahead. Most listing orders now state as standard that failure to pay the trial fee will result in the claim being struck out automatically. It is important therefore to pay the fee on time.

The trial fees are currently:
Claim Value Fee
up to £300 £25
£300.01 – £500 £55
£500.01 – £1,000.00 £80
£1,000.01 – £1,500.00 £115
£1,500.001 – £3,000.00 £170
£3,000.00+ £335


Failure To Pay A Court Fee

If you do not pay the issue fee (unless a remission applies – see below) the court will refuse to issue the claim and likely send all the papers back.

It is important to pay the trial fee on time as if you do not, your claim could be struck out by the court, meaning the court will not allow you to pursue the claim any further and the claim is dead. If you miss the deadline, the court might set a different date but that is very dangerous to rely upon as more likely than not, the court will strike the claim out and will likely state that on the order specifying when the trial fee falls due.

https://www.smallclaimscourtgenie.co.uk/small-claims-court-fees/

[Peter Pedant]

You are gonna have to ring them

with all the papers at hand [and yes they do get things wrong - I was charged and paid - of course! -and also said are you sure? - and they later said - we dont do X for which you were charged and we wont give the moolah back ( £10)]

[pussyfoot]

Thank you Peter, I’m still a little confused (thick + stupid) when I filed the claim I had to pay £25 to take the person to court (which I paid). I had a letter giving a court date and to pay £25 for court fees but nothing says it is an additional payment and as I’d paid the fee for taking it to court (or thought I had) I didn’t do anything.
Will I get fined for not paying and wasting their time & can the other party claim anything from me in a counterclaim?
I only claimed because I had a kitchen altered to make it more useable after having a stroke and I was charged for items they had damaged.
I’m worried sick now that I’ll have to pay even more & really can’t afford it as I can no longer work and only on disability allowance.

[barry1010]

You paid the initial fee to lodge the claim and get the process started. If you had been very lucky the defendant would have paid up straight away and there would have been no more for you to pay.
Unfortunately he is disputing the claim so you will have to pay another fee for the court hearing - the trial fee.
I suggest you phone the court for more information and advice on how to proceed, including exactly how much the trial fee would be.
You will not be in trouble or fined.

Be aware that even if it did get to court and you won that does not mean you will get your money. If he simply doesn’t pay up, you would have to pay more money to enforce the judgment by sending in the bailiffs or getting an attachment of earnings or any of the other options. If he has no money and no assets you could be wasting even more money.

So phone the court tomorrow and take it from there.

[pussyfoot]

Thank you Barry, nowhere made it clear you had to pay twice so I never questioned it, as I’d already paid.
I will call first thing in the morning.

[Peter Pedant]

Nope you didnt pay twice
you paid 25 for X
and 25 for Y
that is once for each ( but ya didnt pay for Y, as far as we can see )

phone the court tomorrow