Notice of Allocation to Small Claims Track (hearing) received this morning.
The district judge, has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.The judge has approved the case to be listed in a "back to back" small claims list.This is where large numbers of cases are block listed at 10am before a number of judges. The reason this has been done is to give you the earliest hearing available. Whilst this system allows us to give you an earlier date, it does mean that your case may not be heard until the afternoon.
The hearing of the claim will take place at XXX on 21st Feb at XXXX County Court and shoudl take no longer than one hour.The Court must be informed immediately if the case is settled by agreement before the hearing date
The claimant shall by the 15th Jan file and serve:
**Copies of any statements or documents relied upon as showing that each and every charge repayment of which is sought has been made.
**A statement of claimants own evidence, if such is to be relied on as tending to show that the alleged charges have been made or that they are irrecoverable as penalties.
The defendant by the 12th Feb file and serve a response to the listr of charges claimed by the claimant. stating in respect of each item claimed:
**Pursuant to what contractual provisionn such charge was made, producing a coy of contractual document relied
**Whether such charge is accepted to be a penalty and if not, why not.
**If such charge is alleged to be a pre estimate of the defendants loss incurred by the claimants actions, whether or not such action is to be treated as a breach of contract between the parties, all facts and matters intended to be relied upon as showing such is a proper estimate of such loss. and all evidence to be adduced as trial as to what is the true cost of dealing with the matter was.
This order has been made by the court by its on initative without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside. varied or stayed.
Such an application is to be made not later than 7 days after the date on which the order was served on the party making the application.
So there we have it