Fast Track Claims

omen666

If one was to put in papers today that comes under fast track criteria, when do you think the expected date would be for trial? This would be a court in the east of England where I would assume are not as backlogged as those in London.

So basically, how long for a Judge to look at the claim and allocate to fast track?
Defendant to respond with defence if they do?
Date allocated for court?

TIA

mlz1413

For work I started a fast track claim in Dec 2008, the defendant had 3 weeks to file a defence which they did.
Then I had an allocation questionnaire in Feb which had 3 weeks to be returned with its fee.
We then had the claim reduced to small claims court at end of April 09 - value remained the same but could attend a county court rather than high court which was logistically better - that meant a hearing fee needed paying within 2 weeks for claim to be heard in mid July 09.

So don't be in a hurry as it will take 6 months ish. This was east of england too, Bedford to be precise.

Also with our claim the courts awarded claim and costs to us, due to non payment I instructed high court enforcement in Aug 09 and the company liquidated the day the baliffs walked in.

I don't know your case but don't bank on the money.

omen666

My Case should be fine they have enough collateral. Thanks though, would have hoped it would be faster? I know the fast track is supposed to be quicker than small claims as your track eventually went on. I was hoping like 2 months but I suppose that is being optomistic!

ILW

What is the claim for?

omen666

ILW wrote: »

What is the claim for?

Failure to secure deposit in the Tenancy Deposit scheme and also forced to leave premises.

Deposit x 3 comes to £4454.61 with interest
Belongings disposed of £1356

Also a claim for damages as the court see fit under S27 of the Housing Acct for unlawful eviction under the protection from eviction act and for harrasment

omen666

anyone? .

mlz1413

There was a thread recently about a tenant who was considering the fast track route to claim from his LL. It was quiet lengthy and full of advice on this situation.

Due to the expense of the fast track route and judgements on the 3x deposit being a bit hit & miss most advised to go for the small claims.

I think it will be well worth a read of before you start the claim, also have you tried to settle the claim outside of court? Do you have the letters and responses showing your attempts to settle?

Found link:

http://forums.moneysavingexpert.com/showthread.html?t=2218389

omen666

Yes have sent a letter before action and also I have asked her 3 seperate times to settle. Asked her only for my deposit back even though I told her I could claim 3x and she still would'nt so going for the whole lot now including damages under s27 of the housing act, punitive damages and loss of belongings, earnings and everything. Think it should come in about £10-12k. So deffo not for the small claims track