strange paperwork from the court?

[skilganon]

Hi all,

would like a bit of advice on a case that a friend of mine is involved in. a brief history.

a) received a claim
b) ack service
c) cpr request sent
d) defence filed

e) DQ sent along with a letter requesting the court order the claimant produce documents under CPR
f) claim sent to local court
g) district judge reads paperwork and orders the claimant to re plead their claim and provide documents or the claim be struck out. also orders defendant to file an amended defence should the claimant comply.
h) claimant replies but fails to provide docs ordered by the judge and amazingly even refuses to provide a copy of the agreement !?
i) defendant submits an N244 form requesting the claim be struck out for non compliance of a court order and sends £55 payment for the application
j) court returns the application stating the fee is £155 , the application was made WITHOUT a hearing !!??
k) the defendant re submits the paperwork and encloses payment of £155 as requested by the court
l) court returns the paperwork yet again saying the fee is £50 !!!???
m) defendant re submits AGAIN with payment of £50 as per the courts directions
n) nothing has been heard from the court until today, the court have sent a letter saying this is now a defended claim and have sent out a directions questionnaire !!??

pleasae help i have no idea what is going on here ???????

by the way the defendant submitted an amended defence on time, stating that due to the non compliance of the order , they had difficulty in submitting an amended claim

[mystery1]

Re: strange paperwork from the court?

The 2 parts are distinct. A defence was filed which triggers a DQ as the next stage in the process.

The application is £50 without a hearing. You have confused someone in an office by sending the wrong payment and them not having the common sense to figure out to handle it. The application is something which doesn't stop the normal process unless it's a scheduled hearing but even then a scheduled hearing and an application may be heard 1 after the other on the same day.

M1

[skilganon]

Re: strange paperwork from the court?

@mystery1

thank you again

i think i understand, so the amended defence has triggered the letter that this is now a defended claim and the DQ being sent out ?

despite this already having been done over 3 months ago, and DQ's already being submitted ?

initially £55 was sent along with an N244 application, without a hearing, but the court erred and said the cost is £155 so the N244 was re submitted with a payment of £155.

this was then returned with the court stating the fee is actually £50, so it has now been re submitted again.

due to the amount of time passed the defendant had to submit an amended defence , so i can only assume this has triggered the letter and DQ being sent out?

will advise to fill in and return the DQ on time, hopefully the application will go before a judge soon.