Old Barclaycard / Small Claims Track

[1882ian]

I have had an email back from the court this must be the tendays they were talking about,

Thank you for your email. Please note that all email enquiries sent to the court in relation to casespecific queries are printed and treated as correspondence. The court in accordance with the courtscharter has 10 working days to deal with all items of work received at thecourt. Do not send multiple email blah blah blah.

All I said in my email was,

I have a hearing date of the 25th andwas getting concerned that I was expecting documentation from the other party bythe 12th as stated in the order in June 2013 then I highlightedpoint 6 – 9 in the order.

Do you think the judge will see my correspondence beforethe 25th? as it’s within the 10 day period of them replying.

Should I leave it at that for them to let they make a decision onthe day?

Again thanks forall your help

[AndyOrch]

You can but if the DJ disregards it and allows the claim to proceed it will then be too late to make any applications ...the chance has passed

[1882ian]

Andy

Filling in N244 going for strike out in question threebecause of failure to comply with the Judge’s order on points 6, and 9,

on point 14, no reply to taking up the mediation that Iapplied for should I mention this as well? or just leave it at points 6 and 9

Not sure if I need to fill out the rest of the N244 form point 4-10 anyadvice

Thank Ian

[AndyOrch]

No dont refer to their failure to entertain mediation.

 

4.Draft Order ...Yes (see below)

 

5.Without an hearing

 

6/7.Leave blank

 

8. District Judge

 

9.Claimants name

 

10 Attach Draft Order (see below)

 

Edit to suit

 

 

#### START OF ORDER ####

 

In the ......... county court

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 2013

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

 

Upon the Claimant to failing to comply with the DJ Directions....etc etc (quote the relevant pursuant CPR)

 

 

IT IS ORDERED THAT:

 

1. The Claimants claim be struck out.

2. The Claimant to pay costs in respect of the application.

3. The Claimant do pay the Defendants costs of the claim, in the sum of £[ ] within 14 days.

 

#### END OF ORDER ####

 

Fill in the gaps where ..... or [ ] is present.

[1882ian]

Andy

 

3. The Defendant do pay the Claimant’s costs of the claim, in the sum of £[ ] within 14 days.

 

just checking is the claimant and defendant the right way around as it sounds like I am paying their costs?

 

Ian

[AndyOrch]

Yes I swapped it round from a previous claim ...missed that line:oops:

[batty69]

A little tip I learnt recently, because this 10 day period can be a problem if you have a hearing within that ten days.

 

Is to ask for the listings officer, explain the situation and see if you can get them to expedite your letter/application.

 

In the worse case scenario you want to at least have it guaranteed that the judge have it on the top of your file come to the hearing.

 

Rather than start the hearing off to hear the judge say "what hearing/application ?, I have nothing in my file ?", something that is a real risk this late in the day. So make sure that you drop off the form in person if possible and explain the situation to the court staff.