Sent an email claiming I owe money for my case at small claims, is it a scam?

textbook

so I received an email with me v me (rather than the other guy) which makes no sense.  Email claims to be from court I'm going to with correct address and from a girl (whose name was at bottom).  I called court but no one answered so sent screenshots on an email and still waiting a reply from three days ago. The court case code was correct.  Giving me links to click on and pay £108. I didn't click on them  Is it a scam?   My case or hearing is later this month (this guy owes me £500).   Has someone hacked my email?  or is the guy I'm taking to court trying fraud?  But why put me  v me and not him in title lol  Wouldn't I receive a letter through post if it was official?

user1977

Where do the links take you? (as in what is the URL when you hover over them)

And what exactly does the email say?

fatbelly

What does it say the fee is for?

There is a £108 fee in the list but i would have expected a hearing fee of £59

textbook

user1977 said:

Where do the links take you? (as in what is the URL when you hover over them)

And what exactly does the email say?

When hovering over just repeats links below.  Only supposed to pay £35 for £500 case, £108 lol

First email-

Good Afternoon,

 

Unfortunately, because you haven’t paid the Hearing Fee as directed your claim has been struck out.  Please see attached the order and the allocation directions for your reference.

 

If you want the case claim to be reinstated, please complete application form N244

 

https://www.gov.uk/government/publications/form-n244-application-notice

 

 

There is a fee payable of £108.00 unless you are in receipt of a low income or eligible benefits.  You can check your eligibility using the link below

 

Get help paying court and tribunal fees - GOV.UK (www.gov.uk)

 

 

Alternatively please call {Removed by Forum Team} Monday – Friday 09:00 – 14:30 to pay the fee by card once you have filed your application or include a contact telephone number so that a colleague can contact you to take the fee.

 

 

 

 

{Removed by Forum Team}

2nd email-

Good morning

 

Thank you for your email below.

 

I can confirm that the email in the attachment was sent by this court.

 

If you wish to apply to have the case reinstated then both the fee and application are required as indicated in the email to you.

 

Yours sincerely

 

 

{Removed by Forum Team}Civil Section

{Removed by Forum Team} 

gov.uk/hmcts

 

They never  answer phone so maybe pop in when I'm in the area and just ask, have I been hacked and this is fraud?

ArbitraryRandom

Well... the immediate question would be 'did you actually pay the hearing fee'? 

The link is to the official government website, it's the right form, and if you google the numbers then they are the right public numbers for the court... so I don't see any 'scam' warning signs. 

If you're not comfortable and are in the area anyway, then the best I can suggest is filling in the form then calling in to pay in person. 

If you do want to pay over the phone, best time to call a court IME is first thing in the morning (as soon as the lines open) and on Tuesday or Wednesday. 

textbook

ArbitraryRandom said:

Well... the immediate question would be 'did you actually pay the hearing fee'? 

The link is to the official government website, it's the right form, and if you google the numbers then they are the right public numbers for the court... so I don't see any 'scam' warning signs. 

If you're not comfortable and are in the area anyway, then the best I can suggest is filling in the form then calling in to pay in person. 

If you do want to pay over the phone, best time to call a court IME is first thing in the morning (as soon as the lines open) and on Tuesday or Wednesday. 

Yes, just got letter in post and it says failing to pay hearing fee. I've never done this before so it's new to me! I didn't pay it, wasn't aware I had to.  If I drive to court Monday afternoon, will it be too late?  So shall I click on link?

Just read no fee is acceptable 14 days before hearing date which is 21st Nov.  So is it pointless now filling in form?


On another note, do you HAVE TO do a rebuttal to the defendants denial of what's been accused as well?  I was planning on just going through it in the court.

ArbitraryRandom

Given you seem quite anxious about it, I suggest you go in on Monday and talk to them. They're not going to process the payment on a Sunday anyway. 

At the same time, you can ask them if anyone has a few minutes to talk you through the rest of the process - so you know when to expect other emails/letters and what you'll need to do in response. They should have some kind of leaflet setting out the different stages. 

textbook

ArbitraryRandom said:

Given you seem quite anxious about it, I suggest you go in on Monday and talk to them. They're not going to process the payment on a Sunday anyway. 

At the same time, you can ask them if anyone has a few minutes to talk you through the rest of the process - so you know when to expect other emails/letters and what you'll need to do in response. They should have some kind of leaflet setting out the different stages. 

Thanks.   Will the defendant get any money on costs he's had to pay for his end?  Wouldn't be much if he did though I guess

ArbitraryRandom

The defendant in a small claim doesn't have to pay any costs for the case. 

You can add the cost of filing to your claim, so if you win you get them back from him, but I'm not sure about the additional costs from having it struck out - You can check with the court staff on Monday. 

I've had a quick google and I think this looks a decent guide to the process - it's a few years old though so worth still speaking to someone to check it's still right: https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

textbook

ArbitraryRandom said:

The defendant in a small claim doesn't have to pay any costs for the case. 

You can add the cost of filing to your claim, so if you win you get them back from him, but I'm not sure about the additional costs from having it struck out - You can check with the court staff on Monday. 

I've had a quick google and I think this looks a decent guide to the process - it's a few years old though so worth still speaking to someone to check it's still right: https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

So I went down there on Monday and Tuesday.  After 2.30 Monday (too late) went back Tuesday before 2 30.  The lady made me feel honoured that she came to counter and told me to fill  N244 and said someone would call me Wednesday for payment for my case to be just considered to be reinstated.  No one called all week.  No one answered their phonewhen I called .  She said they were understaffed.   The whole place is a disorganised shambles.   No wonder I didn't pay my hearing fee no letter or reminder was sent out.Just  some email in my spam folder.  I'm wondering if the guy I'm taking to court for £500 is aware it's been cancelled.Shall I email him just incase as much as I don't like him?   I've emailed the small claims court asking  when I can make the payment so guess they will call.

Curious about the whole legal system in this country or world even.   Why are they wearing wigs in the 21st Century?  A foreign friend said no other country does this.  It's really strange.   They also eat in a separate part of cafeteria.  Is this all to make them feel superior to normal members of the public.   I've also heard a lot of legal cases go on feelings NOT facts.  So important decisions including criminal cases are decided on whether an arrogant judge was in a bad mood that morning or not.   When you hold people's lives in your hands surely this shouldn't be how things operate.   why is the terminology so confusing to normal people- adjoined etc.   Why can't they just use normal English?  It makes filling out forms difficult.   

ArbitraryRandom

I'm glad to hear you managed to get the form filled out, and hopefully they will respond to your email soon, but I wouldn't recommend contacting the other party - they would also have received a letter telling them the case had been struck out and will be informed when it's reinstated so they can give their account/respond to your evidence. 

The court system in the UK is woefully underfunded and understaffed, which is one of the reasons the small claims process is largely geared towards being automated/online (and if you're doing it online then you can pay the fee the same way).
The small claims court is ruled by law, but because it's designed for individuals to bring cases without expensive legal advice, the judges do tend to consider things on the balance of probabilities/the reasonableness test... that's not the same thing as 'feelings' exactly, but I can see how someone frustrated with the system might consider it that way.

Ultimately if you have a simple case (with clear and unambiguous evidence) then reasonableness shouldn't come into it - it's more for when there's no clear contract, personal injury, or for things like bad workmanship where liability isn't clear or there's more than one way of working out what's owed. 

Hopefully the guidance I provided outlining the process has helped you understand what you need to do at each stage so you know when you might need to keep an eye on your spam folder