Notice of Proposed Allocation

starnold444

Thanks mate will give that a go, about to go on holiday so will get it done before I go :-)

DoaM

Loadsofchildren123 wrote: »

So you write something like:

Dear Sirs

I refer to your letter dated x in which you have asked me to issue a formal N244 application.

This is a small claim with a value of £x. The fee for a N244 is £255, which is plainly out of proportion. The court does in fact have the power to make this order of its own volition, or by treating my letter as the application, without requiring me to issue a formal application.

These powers are contained in the following:
1. Rule 1.4(2)(c) and Practice Direction 26, paragraph 5.1 provide that the court has inherent case management powers by which it can summarily dispose of issues which do not need full investigation and trial. The court's powers include striking out a claim (or part of it) under CPR Rule 3.4 .

2. If the court is not willing to exercise its inherent powers under paragraph 1 above, then under CPR Part 23.3(2)(b) the court may dispense with the requirement for an application notice and may treat my letter as an application.

I ask that the court exercises its powers and dispenses with the requirement for me to file a form N244 and makes the order sought in my letter of x date (further copy enclosed for convenience).

Quoted to remove "smart" punctuation.

Coupon-mad

starnold444 wrote: »

Thanks mate will give that a go, about to go on holiday so will get it done before I go :-)

LoadsofChildren123 is a practising solicitor, and a lady.

Loadsofchildren123

But not ladylike

Coupon-mad

Join the club!

starnold444

Got a reply from the court.

Upon reading the letter from the defendant dated xxx

Without Notice it is ordered that:
1. The court order dated xxxx stands. An application on notice is required if the defendant seeks to pursue a strike out of the claim in advance of the small claims track hearing.
2. District judge xxxx has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

Unless the claimant does by 4pm on xxxx pay to the court the trial fee of £25 or a file a properly completed application for help with the fees then the claim will be struck out with effect from xxx without further order and unless the court order otherwise, you ill be liable for the costs which the defendant incurred.

The hearing of the claim will take place at xxxx on xxxx at xxxx.

Does this mean that if CEL don't pay the £25 it will be thrown out? Also the court hasn't thrown it out based on my letter but requesting me to pay the fee if I want them to go down that route?

What is the likelyhold that CEL will pay the £25?

nosferatu1001

Yes, it means the claim will be struck out - gone, done, dusted.

2) yes the court is saying you need to file an application if you want to get them to strike it out.

3) Almost none. They havent yet.

starnold444

Thanks, will the court notify me if they don't pay?

KeithP

starnold444 wrote: »

Thanks, will the court notify me if they don't pay?

You would be wise to check with the court after the due date.

It appears to be quite common though that the courts allow payment a few days late without issue.

If I were you I would prepare as if they do pay the fee, otherwise you run the (very slight) risk of having to rush your preparations.

Coupon-mad

starnold444 wrote: »

Thanks, will the court notify me if they don't pay?

No.

You need to read all the other CEL threads, yours is proceeding the same.