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

pushpull

textbook said:

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.   

Jurors also eat in a separate cafeteria, so they're obviously not that "superior."

The most likely reason is one of simple safety, not some odd attempt to make them feel special. Not that it's something you should be concerning yourself with though.

You probably want to be careful of which sources you're reading.  Court decisions are based on facts. Sentencing can be influenced to an extent by feelings, although it still needs to be done within the guidelines given. So it's probably best not to cheese off the judge if you're in the dock, or a defendant/plaintiff in a civil case.

sheramber

The wearing of wigs is  tradition. It started in 17th when wearing a wig was fashionable  and has continues in the courts.

In 2007 a change in the rules meant barristers no longer needed to wear a wig during civil and family law courts. They are also no longer required in the UK Supreme Court. However, wigs are still a requirement for criminal trials in the UK and, whilst the requirement of wigs in the courtroom seems to be in decline around the world, many law practitioners in the UK still take pride in wearing them.

https://www.law.ac.uk/resources/blog/why-do-barristers-wear-wigs

Eating separately is probably for security, so no one can approach them and try to influence them.

user1977

sheramber said:

The wearing of wigs is  tradition. It started in 17th when wearing a wig was fashionable  and has continues in the courts.

In 2007 a change in the rules meant barristers no longer needed to wear a wig during civil and family law courts. They are also no longer required in the UK Supreme Court. However, wigs are still a requirement for criminal trials in the UK and, whilst the requirement of wigs in the courtroom seems to be in decline around the world, many law practitioners in the UK still take pride in wearing them.

https://www.law.ac.uk/resources/blog/why-do-barristers-wear-wigs

Eating separately is probably for security, so no one can approach them and try to influence them.

And while other countries' judges may not generally have wigs, they often have silly outfits. Here is the German constitutional court:

ArbitraryRandom

It's seen as being respectful to the law - a barrister I know views it as a uniform demonstrating she's there to argue the case, so the focus is on the points being made not the people making them.

I've always seen it as similar to wearing a gown/cap at graduation or black at funerals... not something you strictly HAVE to do (unless it's a criminal case), but a traditional way to show you're viewing the proceedings seriously. 

textbook

ArbitraryRandom said:

It's seen as being respectful to the law - a barrister I know views it as a uniform demonstrating she's there to argue the case, so the focus is on the points being made not the people making them.

I've always seen it as similar to wearing a gown/cap at graduation or black at funerals... not something you strictly HAVE to do (unless it's a criminal case), but a traditional way to show you're viewing the proceedings seriously. 

So I called to pay my money so my case can be reconsidered by a judge if it can have another hearing (as I didnt pay the hearing fee originally)  I said reinstated as I assumed that's what it's called.  The lady at the other end said ok £275 (my case is for £500)  I said to her I was told £108 and she disappears and came back and said ok it's £108 if you say so.  Who are these people?  Do they have any idea what they're doing.  Why is she asking for £275??   I then said to her can I just reapply for this case through the government site for £35 then pay hearing fee- £85, she said I guess so but it will take longer.  But I don't know if she knows what she's talking abou

So is this true, can I apply again or is it not allowed to apply for the same case?   I'm not worried about the court picking up on it, because they're too disorganised to work it out BUT the guy I'm taking to court will complain that I've tried twice for same case as he doesn't want to pay of course.

ArbitraryRandom

textbook said:

ArbitraryRandom said:

It's seen as being respectful to the law - a barrister I know views it as a uniform demonstrating she's there to argue the case, so the focus is on the points being made not the people making them.

I've always seen it as similar to wearing a gown/cap at graduation or black at funerals... not something you strictly HAVE to do (unless it's a criminal case), but a traditional way to show you're viewing the proceedings seriously. 

So is this true, can I apply again or is it not allowed to apply for the same case?   I'm not worried about the court picking up on it, because they're too disorganised to work it out BUT the guy I'm taking to court will complain that I've tried twice for same case as he doesn't want to pay of course.

85+35 = 120... which is more than 108. 

But I can't see any reason why you couldn't refile online - it might be a good idea as you can then log in and see what you need to do/do it all online which you might find easier? 

Re the BiB you aren't refiling a case that's already been judged - struck out basically means it's been killed because you failed to follow the correct procedure (in this case pay the fee before the hearing date). So if you fix the issue (pay the fee) then it can be started again from where it was. The alternative is to start again from scratch, but that means providing all the evidence again and will be treated as a new claim (so will take longer before you actually get to the hearing stage again). 

textbook

ArbitraryRandom said:

textbook said:

ArbitraryRandom said:

It's seen as being respectful to the law - a barrister I know views it as a uniform demonstrating she's there to argue the case, so the focus is on the points being made not the people making them.

I've always seen it as similar to wearing a gown/cap at graduation or black at funerals... not something you strictly HAVE to do (unless it's a criminal case), but a traditional way to show you're viewing the proceedings seriously. 

So is this true, can I apply again or is it not allowed to apply for the same case?   I'm not worried about the court picking up on it, because they're too disorganised to work it out BUT the guy I'm taking to court will complain that I've tried twice for same case as he doesn't want to pay of course.

85+35 = 120... which is more than 108. 

But I can't see any reason why you couldn't refile online - it might be a good idea as you can then log in and see what you need to do/do it all online which you might find easier? 

Re the BiB you aren't refiling a case that's already been judged - struck out basically means it's been killed because you failed to follow the correct procedure (in this case pay the fee before the hearing date). So if you fix the issue (pay the fee) then it can be started again from where it was. The alternative is to start again from scratch, but that means providing all the evidence again and will be treated as a new claim (so will take longer before you actually get to the hearing stage again). 

Isn't the £108 just to get a judge to decide if it should be allowed again and then have to pay the hearing fee afterwards as well so-  108 plus 85 (hearing fee) is £193 or have I misunderstood.  I said this to lady on phone but she had no idea, basically she doesnt know what's going on

ArbitraryRandom

I would suggest you email the person who told you that you'd need to pay the fee and ask. 

The civil court fees aren't straightforward and I can see why a clerk who doesn't have the file in front of them might think it's £275 rather than £108 because both are general fees used for generic applications (so basically either can apply to a whole range of situations depending on the specific issue and how it's been recorded by the judge's office). 

Here's the link to the full list of fees, and this is the section of fees relevant to you: https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50

textbook

ArbitraryRandom said:

I would suggest you email the person who told you that you'd need to pay the fee and ask. 

The civil court fees aren't straightforward and I can see why a clerk who doesn't have the file in front of them might think it's £275 rather than £108 because both are general fees used for generic applications (so basically either can apply to a whole range of situations depending on the specific issue and how it's been recorded by the judge's office). 

Here's the link to the full list of fees, and this is the section of fees relevant to you: https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50

So going back to my original question, will it be £108 plus £85 (hearing fee) so £193 or to re apply £35 plus £85?   I'll email them this question but I don't have total confidence that they'll answer it correctly although possibly on an email they'll check with someone.  

ArbitraryRandom

textbook said:

ArbitraryRandom said:

I would suggest you email the person who told you that you'd need to pay the fee and ask. 

The civil court fees aren't straightforward and I can see why a clerk who doesn't have the file in front of them might think it's £275 rather than £108 because both are general fees used for generic applications (so basically either can apply to a whole range of situations depending on the specific issue and how it's been recorded by the judge's office). 

Here's the link to the full list of fees, and this is the section of fees relevant to you: https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50

So going back to my original question, will it be £108 plus £85 (hearing fee) so £193 or to re apply £35 plus £85?   I'll email them this question but I don't have total confidence that they'll answer it correctly although possibly on an email they'll check with someone.  

Going back to my original answer, you would need to ask the person who told you to pay the fee what the fee includes...