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

[CMan007]

Hi all, I appreciate any and all advice here. To cut a long story short I did work for someone and was not paid the full amount for the job done.

I started a small claims case against him and we had a preliminary hearing back in February. So I am the claimant in this case.

I was told that there are long waits and the trial could be many months away.

Long story short I didn't hear back from the court at all but yesterday I recieved a letter from the court saying:

"It is ordered that

The claim is struck out due to the Claimant failing to comply with the Notice of Allocation to the Small Claims Track (Hearing) N157 order of xx June 2024 by not paying the hearing fee of £××× or alternatively filing a properly completed application (I.e. one which provides all the required information in the manner requested) for help with fees by xx July 2024.

The Small Claims Trial listed xx August 2024 has been vacated."

I did not receive any kind of correspondence from the court since Janauary when I was requested to attend the preliminary hearing. I did not receive any letter or pack after the preliminary hearing. I absolutely would have paid the hearing fee and submitted everything required of me in a timely manner.

Do I have any recourse here? Is there anything I can do or is my claim completely over?

[JK2054]

you can pay all court fees in relations to hearing by phone and creedit/debit card.

[pc52straw]

I wouldn't risk a holiday tbh. Sod's law: you get a letter giving you a short time window to pay a court fee or send something else.

If it only accepts payment over the counter or by postal order, not by any recognised 21st century method, you'll risk missing a deadline. More costs, more delays.

How important is that holiday?

[JK2054]

not sure what your asking sorry, you seem to be telling us you want to go on holiday, and i say go for it?

[CMan007]

I would like to go on holiday for a while (possibly a couple of months), I can ask someone to keep an eye on my post.

When I hear back from the court I assume it is going to be a letter containing the courts decision? Assuming my application gets granted will I be expected to pay the hearing fee by a certain date? I am just trying to work out the feasibility of going abroad and not having to rush back and being able to manage parts of my case from abroad.

[JK2054]

£119 is the correct fee. staff just aren't trained very well.

You will likely be waiting 1-3 months to hear back depending on how backlogged the court is, and how long it takes them to process orders, as well as how busy the judiciary at your lcoal court is.

[CMan007]

Small update - I sent the court copies of the application and witness statement. After several weeks I got a phone call to collect payment and somewhat surprisingly (based on my previous conversation with the court staff) I was asked to pay £119 instead of £303.

Still waiting to hear back from the court (I paid almost a month ago).

[JK2054]

wow im actually surpried by that. must be an ancient court. anyhow get the docs printed and posted

[CMan007]

I've attached the email. I've censored out the court and my name and the persons name. I'm probably a bit paranoid.

I'm on my phone so not sure If it's legible on computer.

[CMan007]

Apologies, I've just come back from a brief trip. I'll try to get back to you tomorrow

[JK2054]

i mean a screenshot of the email so i can see if its automated or not and what steps you should take next

[CMan007]

I'm not sure what you mean?

[JK2054]

i said post up the email not the contents.

[CMan007]

xxxxx CIVIL Court does not have e-filing.

The Court requires 3 x copies of the application and all supporting documents/exhibits. If there is NO HEARING LISTED in the next 10 days the Court will not print them.

You will need to send the same to the Court in hard copy via post/DX.

[JK2054]

post up the email you received.