Non Payment of Hearing Fee

[Skylady6]

Hi,
I have a claim made against me with a hearing date set for next month. The claimant failed to pay the hearing fee by the date specified on the court order - stating that if the fee was not paid by the required date at 4pm then the claim would be struck out automatically. I have phoned several times to double check that it hasn’t been paid and the court has no record of payment or contact from claimant . Should I be hopeful that it will indeed not proceed as per the court order due to non payment and will be struck out? Thank you very much

[jaguarsuk]

Hi,
I have a claim made against me with a hearing date set for next month. The claimant failed to pay the hearing fee by the date specified on the court order - stating that if the fee was not paid by the required date at 4pm then the claim would be struck out automatically. I have phoned several times to double check that it hasn’t been paid and the court has no record of payment or contact from claimant . Should I be hopeful that it will indeed not proceed as per the court order due to non payment and will be struck out? Thank you very much

Write to the court either be email or letter stating that you believe the earing fee has not been paid and ask them to put it in front of a judge with a view to striking out the claim.

Dependant on who the claimant is that may not be the end of it as they can apply to reinstate the claim if they wish, so fi they have just had an administrative oversight for example.

As I don't know who is claiming or why, what your defence is and what they are claiming for I can't give suggestion as to why they may not have paid the fee.

[Skylady6]

The claimant was told at the preliminary hearing by the judge that the case shouldn’t have actually got that far and to reflect on costs before proceeding further. It is an individual. Thanks

[jaguarsuk]

Well then it seems they haven't paid the fee as they do not wish to continue.

You can either write to the court as I suggested in post #2 or write to the claimant to suggest that if he does not wish to proceed with the claim he ought to sile a Notice of Discontinuance for which there is no fee.