Claim struck out

[kermitngonzo]

Just received a general form of judgement say that my claim has been struck out having failed to pay the allocation fee. I am totally confused as I was not sent an AQ and therefore did not fill one out so don't know why this has been ordered???

Telephoned the court to explain this and they told me that the judge has just struck out the claim and it may not be because of the allocation fee. They cannot give me a reason. The judge has just struck it out and that is that.

 

I'm totally gutted. That money is mine and I worked hard for it.

Is there anything I can do to appeal against the decision? I asked the court about this and they said I should seek legal advice.

[Castlebest]

Ive asked for some advice about this Kermit

 

pete

[Nicki]

Has anyone got any advice about what I could do at this stage?

[Nicki]

Sorry...wrong thread!

[kermitngonzo]

Been looking round the site and it seems that a few people have had their claims reinstated after having been struck out. If this is possible...how do I go about it?

Feel like sending a nudge letter to DG anyway. They're probably so snowed under that they might not realise my claim has been struck out and send the money anyway! Then again.:-|

 

Feel like I've been treated very unfairly. The courts have basically told me that the judge has made the decision, they cannot give me a reason, and do not have to, and that is that. Surely they have to give me a valid reason???

 

I'm determined to get MY money back. I'm not going to give up. Even if I have to start all over again from the beginning. It's the principle. I've worked hard for that money and it's mine.

 

Could really do with some advice if anyone is out there

[stax68]

I have no special knowledge, but I would have thought that it couldn't do any harm to send a letter to the court manager referring to the wording of the order (which you say states the reason as non-payement of allocation fee - correct?) and explaining the situation.

 

I'm sure it must be possible to appeal against an order to strike out. It might be worth saying something like -Since the order appears to have been made as the result of a misunderstanding, I am sure that the situation can be resolved without my placing any additional burden on the courts by appealing against this decision. I would therefore ask that the order be rescinded, or such other steps be taken as are necessary to reinstate my claim.

 

Again, I don't have any special knowledge of how these things work, but that's what I would do in your situation.

 

best of luck!

 

stax

[kermitngonzo]

Thanks for your help Stax...I was wondering...would there ever be a situation where I would be required to pay an allocation fee even if I was not asked to fill out an AQ?

[lateralus]

yes, and that is why in my aq thread and several other places we advise ringing the court when it says that the allocation questionaire is being dispensed with in a particular case to find out if the fee is still payable.

the fee is for the allocation of the case and not for the questionaire. most courts who dispense with the questionaire also do not ask for the fee but we have seen those who do - and they don't let you know that it is payable - the claimant needs to find out if it is payable. so, in answer to your question - yes - this is possible, we have seen it before.

[chunkylinc]

Just been reading your thread and that's well harsh! I dont know what to do about the situation, but your right it is your money and dont give up, stax's letter idea looks like a good option.

[kermitngonzo]

I'll definitely get a letter sent off asap. Sounds like they'll probably just come back to me with "you should have paid the fee" though. Oh well, it's worth a try. Thanks guys...I'll keep you posted.

[freakyleaky]

Kermit, I have flagged your thread up to the moderators so maybe you will get some more help from the big guns before the morning!

Good luck!

[kermitngonzo]

Also - just to clarify. The letter stating that my claim has been struck out because of failure to pay the allocation fee is the first time I have heard any mention of allocation at all. No questionairre and nothing saying they will be dispensing with the questionairre either.

[kermitngonzo]

Cheers guys

[MARTIN3030]

Ok you need to file for an order to have the strike out reversed or set aside.

It would also be a good idea to start your own thread in your bank section.......advantages are that we can look back on your history (if you have been keeping it up to date of course)

For the moment though I will leave it here.

To be honest I am a little confused about what I am reading especially since other posters are saying this is not a one off.

To be honest I have never heard of this.

Will come back to you after consulting with the team.

[livelylad]

Did you file using MCOL? and can you post the order in full please leave out your personal details and the Judges name.

 

edit: can you e mail me all the correspondance you have from the court I have sent you a PM.

[lateralus]

martin, around 1 april when the first of the mcol were dispensing with the aq's we were merrily going on our way - about 4 weeks later - peeps were getting the info that they may have to pay the aq fee - so we - including crusher were kicking it around and started telling peeps to ring their local courts to ask if it were payable. we have seen several where it was told to them if it wasn't paid by such and such a date it would be thrown out but i don't know of any which actually were - most caught it before it was thrown out. it was bookworm i think who pointed out that we needed to tell people to check.

[kermitngonzo]

The order received says:

 

IT IS ORDERED THAT:

 

1. The claimant having failed to pay the allocation fee, the claim is struck out.

 

That's it.

 

Lively - I will PM you back asap with the rest of my court correspondance.

[harejon]

on my Notice of Transfer of Proceedings dated 16th June it states:

 

1. The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. **

 

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

 

 

[kermitngonzo]

Ok I've just had a good look through my court letters and on my Notice of Transfer of Proceedings it does say that the filing of an allocation questionaire be dispensed with etc etc... feel really stupid now.

 

Guess i should have checked it properly and phoned my court to ask if the fee was still payable. Lateralus you were right.

 

Where do i go from here? Will I have to start my claim from the beginning again?

 

Feel like a proper idiot now!

[lateralus]

send a pm to livelylad and see how he tells you to proceed -

go back and look to see what martin and livelylad told you above. they have the knowledge! do what they say.

[livelylad]

You need to dispute judgement, use the N244 The fee is £65 which you can not recover. Also should the judge allow this you need to pay the AQ fee. This will need to be submitted to your local (the court that sent order) Ring them and inform them that you intend to take this action they will also advise you.

[kermitngonzo]

Thanks for all your help .....I'll keep you posted

[TRACYFLYY]

what is an allocation fee I have filled out a questionair but because mine was only so much I didn't have to pay anything, Is this correct.

[Castlebest]

Under £1500 there is nothing to pay

 

pete