Small Claims Notice of Trail Date, N244 form sent to request claim amount change

[HelpN244]

Good morning

Hope you are well,

I submitted a small claims case online and entered the incorrect amount for the claim, I was advised to fill in a N244 form on the day requesting the amount to be changed, this was completed and payment made on the same day. There was a back log and both requests were transferred to the local county court, I have now received a Notice of Trial Date, and a request for the Trail fee to be paid. The N244 has now been processed by the courts and a Notice of Hearing of Application has been set.

The trail date requires the fee to be made by a date that is before the notice of hearing for the N244 application for the amount to be changed,

Please could you help and advise if I should pay the notice of trial fee and then proceed with the N244 hearing,

Your advise is greatly apprecicated,

Kind regards

[Pezza54]

Hi Welcome to LB
You should email and/or phone your local county court. Mark the email URGENT in the subject line
On the small claims track the deadline for the claimant to pay the hearing fee is normally 4 weeks before the hearing date and the latest date for exchange of witness statements etc is 2 weeks before the hearing date.
You should pay the hearing fee to prevent the court time set for the trial being vacated
The defendant should have time to scrutinize your amended PoC and revise their defence if they wish to
Point this out in your email or phone call with court staff

[atticus]

If you do not pay the trial* fee on time your claim will be automatically struck out.

* not trail

[spagbog]

If you do not pay the trial* fee on time your claim will be automatically struck out.

* not trail

Not to highjack, but if a claim is struck out for non payment of trial fee, and then the claimant completes a N244, requesting it be made 'live' again because they made an admin error and 'forgot' - can I write to the courts with my reasons why said claim shouldn't be reinstated?

[Pezza54]

The court may give notice of an application hearing and you should have the chance to file and serve your witness statement and attend the hearing

If the court makes an order to reinstate the claim without a hearing, then under cpr 23.8 (3) (a) you should have the opportunity to apply to set aside the order filing your witness statement

[atticus]

The answer to post#4 is to file a statement detailing your reasons for opposing the application. And you need send it to only one court, as well as to all other parties.

[Pezza54]

Please read Practice Direction 23A APPLICATIONS. This is a supplement to cpr 23 and covers the procedure for applications
Has the claimant or the court served you with N244?
If you have does the application state "with" or "without" a hearing?