Didn't receive paperwork from the court (small claims)

[JK2054]

no thats not true. its civil fees order for without notice application.

[JK2054]

how much was the claim valued at?

[CMan007]

Sorry, Im at work. Claim is for £3,290.00

[JK2054]

ok given that i'd recommend paying the £303. That's because if you pay it and win you get your £205 issue fee plus your £303 application fee back. If you were to start a new claim afresh, you'd have to pay £303 again, but you couldn't recover your £205 for the first claim even if you won the second

(i.e by paying the £303 if you win your case you get back your £303 and your £205 issue fee but if you start a second claim you cant get back your original £205)

However, I'm really not sure what game the court are trying to play. you could consider making a complaint to the court and wait for the outcome of that. You should make clear that you are applying for without notice application where no other fee is specified, and the civil fees order dictates it to be £119. You should remind them you are not setting aside a judgement/order and see, they may give you it for £119 as they should.

The problem is that some courts are difficult, and frankly no matter if its right or wrong they will do what they like because you really have no choice. Its not like a shop where you can go elsewhere, you have to pay the court fee to them or you cant make an application, and some courts take advantage of that. I'm not sure whcih court yours is, perhaps its one of the big ones, if so it wouldnt suprise me.

[Pezza54]

This is what I would do, but it is your decision what route to take.

Start a new claim for £205 court fee. Be prepared to lose the original £205. Interest at 8% p.a. (which a claimant can add to their claim) on £3.3k is £264 per year

You would need to file a new claim form and rewrite your Particulars of Claim

If the judge definitely said at the preliminary hearing a second defendant needs to be added (not substituted) your claim form and poc should include for 2 defendants. Make sure you claim your money from the correct defendant (sounds like the limited company)

Check the firm's financial position at Companies House Register

I am not convinced that making an application based on non receipt of court documents will succeed. If the defendant objects you could end up going to a hearing for a decision on your application

Under this route you will have more time to redraft your poc

[JK2054]

Why are you advising peopel to do money and do things they haven't been told to do.

THat is possibly the worst advice ever. Oh wait your advice is wrong by standard i forgot.

you are never getting 8% on a defended claim be real

[Pezza54]

Just worried about your advice. You seem oblivious to CPR

[JK2054]

Yea i work for a law firm but im oblivious to CPR. Completely correct well done

[Pezza54]

WOW Very worrying

[CMan007]

Responding to earlier posts.The last two letters that I received was the Notice that the hearing was vacated last week and a letter informing me of the preliminary hearing received back in January. I didn't receive any correspondence after the preliminary hearing about that hearing.

The defendants company is a one man band. I am sure he will just fold the company if it were found that I contracted to his company and not him personally. I know the defendant through my friend of long standing who was screwed over by him as well. The defendant didn't present himself as a director of a company when I communicated with him prior to the job.

The judge said he wanted to add the company as an additional party and asked if I agree to that. Which I did.

As the defendants original defence was that I was contracted to his party and not him. Im unsure what his updated defence

One thing I found out after initiating proceedings was that he deducted tax from my pay but did not pay it on my behalf. Ideally I would have claimed for the tax that he deducted from what he paid me in addition to my claim.

Do the court reply to emails? How do I complain? You would think a court fee is a set fee. How can I find out if a procedural error was made?

[CMan007]

I can't seem to edit my post. What I meant to add was that my friend considered the defendant as a friend he knew him for 5-6 years and worked with him many times.

[JK2054]

WOW Very worrying

Yea very worrying indeed that you're getting so much wrong, and a paralegal is having to correct you on the fact a court finder exists...

[JK2054]

Responding to earlier posts.The last two letters that I received was the Notice that the hearing was vacated last week and a letter informing me of the preliminary hearing received back in January. I didn't receive any correspondence after the preliminary hearing about that hearing.

The defendants company is a one man band. I am sure he will just fold the company if it were found that I contracted to his company and not him personally. I know the defendant through my friend of long standing who was screwed over by him as well. The defendant didn't present himself as a director of a company when I communicated with him prior to the job.

The judge said he wanted to add the company as an additional party and asked if I agree to that. Which I did.

As the defendants original defence was that I was contracted to his party and not him. Im unsure what his updated defence

One thing I found out after initiating proceedings was that he deducted tax from my pay but did not pay it on my behalf. Ideally I would have claimed for the tax that he deducted from what he paid me in addition to my claim.

Do the court reply to emails? How do I complain? You would think a court fee is a set fee. How can I find out if a procedural error was made?

Yea court fees are set fees. application without notice is £119 not £303. I don't understand why they are charging £303. I think maybe its because some court staff are unaware that reinstating after strike out and setting judgement aside are different. Some think its the same.

To complain you just google HMCTS make a complaint, but the problem is, when it comes to court fees, most complaints are just closed based on the fact that the court makes more money from the £303 fee so they will want that, but for £180 I'd say its worth a shot. Even if it fails you can still pay the £303 and know you tried. When you win you'd get your £303 back anyway

[CMan007]

So I think the best course of action is to email the court and clarifying that I am making an application without notice to reinstate after strike out. Hopefully they will respond via email.

Does it make sense to email asking about whether or not the defendant submitted his updated defence? And whether or not I missed any other post from the court - as I didn't receive a letter after the preliminary hearing about the preliminary hearing?

Am I right in assuming as things stand I would have to pay £303 on top of the claim fee to issue fresh proceedings?

[JK2054]

no you shouldn't email the court. you should use the complaints form if you are going to contact them about this, so it goes to a manager

No it doesn't make sense to ask whether an updated defence was submitted, because a claimant not paying trial fee is a more serious breach. Similarly, asking whether you missed other paperwork isn't relevant to this (unless you have more than one claim) because I can tell you from experience there would be the trial fee letter then if not paid it would be the strike out letter, nothing else. The outcome of prelim hearing would have been sent in the same envelope/grouped together

No you have not understood correctly for the lasst bit. I have set your options out below hopefully more clearly

Option 1: You pay the £119/£303 the court require to reinstate the claim. You then pay the hearing fee and your claim will continue as normal. if you win you get back your £205 (issue fee) + your £119/ £ 303 (application to reinstate fee) + your hearing fee.

Option 2: You start fresh proceedings. You have to pay the £205 issue fee again plus a hearing fee. if you win you will get back your £205 issue fee and your hearing fee but you will not get back your original £205 issue fee. (so if you win you would still lose your £205 issue fee for your first claim).

Essentially, if you start fresh proceedings, you lose any court fees for claim one. If you pay to reinstate claim one, you will get back all your fees (including the application fee) if you win your hearing.