Small claims court

[CAW]

Hi. What does it mean if, when a claim has been made against someone, it says 'bar removed from xxxxx'

[EXC]

Re: Small claims court

It would be good to have more context really but it could be that a bar was imposed on the claimant applying for a default judgment or enforcement ( like this http://www.legalbeagles.info/forums/...y-Claim-Online ) and then lifted.

[Diana M]

Re: Small claims court

What does it mean if, when a claim has been made against someone, it says 'bar removed from xxxxx'

Have you received a claim or have you issued a claim?

Di

[CAW]

Re: Small claims court

I applied online against the person who didn't pay my wages after sacking me following an assault at work. They didn't respond to the claim so I went ahead and a judgement was made against them and I proceeded to serve the warrant. After that they applied to the court to change their address and then then it says it was moved to another court and the bar lifted.
Thank you for your help x

[Diana M]

Re: Small claims court

This may mean your claim has been transferred to the Defendant's local county court if they have made an application for 'something' such as a suspension of your Warrant.

NCCBC are mostly a processing centre. When an application may require a hearing in front of a DJ then it will move to an actual court.

Call NCCBC to get a status update of your claim since I'm only guessing what this may mean based on what you've said so far.

Employment law is not my area, but was the ET not an option in your situation?

Di

[nemesis45]

Re: Small claims court

I applied online against the person who didn't pay my wages after sacking me following an assault at work. They didn't respond to the claim so I went ahead and a judgement was made against them and I proceeded to serve the warrant. After that they applied to the court to change their address and then then it says it was moved to another court and the bar lifted.
Thank you for your help x

Was the claim issued via the local county court?

nem

[CAW]

Re: Small claims court

I hadn't been employed long enough so had had no employment rights.
If it's been transferred to their local court doesn't that mean Il have to travel there to court? I couldn't afford that!

[nemesis45]

Re: Small claims court

I hadn't been employed long enough so had had no employment rights.
If it's been transferred to their local court doesn't that mean Il have to travel there to court? I couldn't afford that!

Yes I'm afraid you would have to travel. How far away is the employer?

nem

[CAW]

Re: Small claims court

I live in Yorkshire n it's been transferred to Watford!!!

[nemesis45]

Re: Small claims court

I live in Yorkshire n it's been transferred to Watford!!!

It is the defendants right to have the hearing at a court in their locality.
So if it is impossible for you to attend it maybe that you must prepare your evidence and make your witness statement and ask the court to make judgment on the papers before it.

Instructing a local solicitor in Watford would be equally expensive as the travel to the court or more so.

nem

[des8]

Re: Small claims court

Depends where abouts in Yorkshire.
Watford area to Doncaster used to take me about 2 hours on my m/c (40 years ago!)

If your employer was a limited company you should be able to get the case transferred back to your local court

[Diana M]

Re: Small claims court

I think you need to check the status of this claim as I said earlier.

At the moment you have a Default Judgment (CCJ).

You need to know why the case has been transferred to a county court, and what the court will do with it on arrival.

Has there been an application by the Defendant and if so what is it for?

How much is the claim? Because if the Defendant has applied to set-aside the claim (one possibility) and the claim is less than £10k then there may be an option for telephone Mediation if they file a Defence. That could be one way to solve the long distance issue.

At the moment it's all speculation.

Di

[CAW]

Re: Small claims court

Hi Di
I've contacted the Watford Court and the person who deals with new claims isn't in until Monday so they advised I email them with copies of the online claim forms and he will get them on Monday
They also said that it didn't appear that the transfer had been logged on their system as yet.
I am in a professional union so I will be contacting them again tomorrow for more advice on what costs they will cover me for. The wages were only £388 but the claim is for £500 with costs on top for the claim application and warrant issuing.
I think he may have applied to have it lifted because I've since discovered that it's his wife who owns the company but he never told me that he told me it was his company and he was the only one running it so I thought that it would be him that I claimed against. Is the judge going to throw out the case because I've claimed against him wrongly (despite being mislead by him as to ownership and management)?
Will I loose my application costs and warrant costs and be forced to pay court costs for the hearing?

Thanks for your help

[Diana M]

Re: Small claims court

Instructing a local solicitor in Watford would be equally expensive as the travel to the court or more so.

Not if that solicitor could offer representation on a CFA (No Win No Fee).

However the OP has subsequently said the disputed amount is £388 so recovering costs from the other side is unlikely unless there are conduct issues.

Di