Is Claim Form valid? FURTHER UPDATE CLAIM HAS BEEN STRUCK OUT - ALL OVER?

Romeo5793

yes, no name of a judge or lawyer anywhere in any paperwork

nosferatu1001

OP -double check, as Orders can only be made by Judges. 

Romeo5793

You are of course right. Now I reread everything together, after The Claim Form and the DQ. I received:

1. Notice of Transfer of Proceedings (August 2019) In the County Court Business Centre - says this claim has been transferred to the below County Court Hearing Centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges's directions will be sent to you in a notice of allocation If you would like any further information you can contact the local County Court Hearing Center directly but please await the Judge's direction. Contact details: County Court at X (#). The Law Courts ......... address of court...

2. Then I got a Notice of Allocation to the Small Claims Track (Hearing) (October 2019) In the County Court at X - you are absolutely right, this one did name a judge and says "District Judge <name>" has considered the statements of case and DQ filed and allocated the claim to the small claims track. Then all the details about the Order - The claim will be heart at X County Court on a date and at a time which is set out on a notice which will be sent to you later ... etc etc - nothing about costs here.

3. Then the Notice of Trial Date (January 2020) In the County Court at X - This has the date for the trial at the end of June and this is where it said "Unless the claimant does by 4.00pm on the X May 2020 pay to the court the trial fee of £25.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from X May 2020 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out.

So I am assuming that the order about costs in 3. implicitly comes from the District Judge named in 2. ?

Coupon-mad

Yes, so head up your email for that Judge's attention.

henrik777

I would just write to the claimant. If they fanny about then get the court involved.