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

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Comments

  • textbook 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... 
    £108 is just to get it reinstated.  They don't seem to know anything regarding what comes after.  Do you have any idea?  
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,718 Forumite
    Sixth Anniversary 1,000 Posts Homepage Hero Name Dropper
    edited 29 November 2023 at 1:53AM
    textbook said:
    textbook 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... 
    £108 is just to get it reinstated.  They don't seem to know anything regarding what comes after.  Do you have any idea?  
    I know how it works for normal cases - but yours is unusual so I'm not confident giving advice as to the best thing for you to do. 

    Personally, given you're already delayed, what I would do is ask the person I was talking to via email if I can file a new claim online... and if they say yes (so it's in writing) then that's what I'd do.  

    You would lose the right to claim back the filing fee you've already paid if you win, and it'll take longer, but the system is set up to support everything being online (you still get sent copies of papers in the post, but it's all tracked and you can see the updates/timescales/make any payments all via your computer), so you're less likely to miss a deadline/receive a letter and not know if what it's about. 

    Plus it seems (from what you've said) it would be the cheaper option as I don't think you can claim back the fee to get it reinstated from the defendant (because it was your mistake) and the fee to file is less than the fee for reinstatement. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • textbook
    textbook Posts: 793 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    textbook said:
    textbook 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... 
    £108 is just to get it reinstated.  They don't seem to know anything regarding what comes after.  Do you have any idea?  
    I know how it works for normal cases - but yours is unusual so I'm not confident giving advice as to the best thing for you to do. 

    Personally, given you're already delayed, what I would do is ask the person I was talking to via email if I can file a new claim online... and if they say yes (so it's in writing) then that's what I'd do.  

    You would lose the right to claim back the filing fee you've already paid if you win, and it'll take longer, but the system is set up to support everything being online (you still get sent copies of papers in the post, but it's all tracked and you can see the updates/timescales/make any payments all via your computer), so you're less likely to miss a deadline/receive a letter and not know if what it's about. 

    Plus it seems (from what you've said) it would be the cheaper option as I don't think you can claim back the fee to get it reinstated from the defendant (because it was your mistake) and the fee to file is less than the fee for reinstatement. 

    So I paid the £108 to reinstate the claim.  They've sent me some paperwork through the post.   There's nothing on whether or how to pay the hearing fee?   Shall i email them and wait their reply?  From previous communications the othe people in admin there don't know what they're doing   It's also on Teams, I've previously failed to successfully get into a meeting on that for job interviews.   I'm gonna have to check that beforehand.  Maybe use a computer a work

    They've written -

    IT IS ORDERED THAT

    1.  list on notice to all parties for the hearing of the application made by the Claimant to reinstate the Claim (previously struck out due  to non-payment of hearing fee)

    2.  Hearing to be MS teams video with a time estimate of 30 mins


    What;s 1 mean?
  • Vectis
    Vectis Posts: 773 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Maybe the question should be, what's the claim actually for, i.e. is it worth the hassle that the OP seems to be having?

    I've read the whole thread and I'm none the wiser. But, I've read some of the OP's other threads and I'm equally confused, so maybe it's just me.
  • sheramber
    sheramber Posts: 22,898 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Vectis said:
    Maybe the question should be, what's the claim actually for, i.e. is it worth the hassle that the OP seems to be having?

    I've read the whole thread and I'm none the wiser. But, I've read some of the OP's other threads and I'm equally confused, so maybe it's just me.
    https://forums.moneysavingexpert.com/discussion/6465163/defendant-disputes-my-claim-for-missed-invoice-shall-i-proceed/p1

    OP did work on ahouse. Builder refuses to pay invoice.
  • Okell
    Okell Posts: 2,838 Forumite
    1,000 Posts Second Anniversary Name Dropper
    sheramber said:
    Vectis said:
    Maybe the question should be, what's the claim actually for, i.e. is it worth the hassle that the OP seems to be having?

    I've read the whole thread and I'm none the wiser. But, I've read some of the OP's other threads and I'm equally confused, so maybe it's just me.
    https://forums.moneysavingexpert.com/discussion/6465163/defendant-disputes-my-claim-for-missed-invoice-shall-i-proceed/p1

    OP did work on ahouse. Builder refuses to pay invoice.
    Oh noooooooooo........     :(

    Is this the bloke who was given "legal advice by a mate" and then after following it decided to come here asking for help rather than going back to their mate who'd advised them in the first place?

    I wouldn't be at all surprised if the court has emailed him in the case of Himself v Himself as it's entirely possible he has sued himself - following his mate's "legal advice"


  • MeteredOut
    MeteredOut Posts: 3,283 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 31 January 2024 at 6:28PM
    I've just followed the thread above, and the one before that. It reminds of the confusion I felt when I first started watching the move Inception!


    Okell said:
    sheramber said:
    Vectis said:
    Maybe the question should be, what's the claim actually for, i.e. is it worth the hassle that the OP seems to be having?

    I've read the whole thread and I'm none the wiser. But, I've read some of the OP's other threads and I'm equally confused, so maybe it's just me.
    https://forums.moneysavingexpert.com/discussion/6465163/defendant-disputes-my-claim-for-missed-invoice-shall-i-proceed/p1

    OP did work on ahouse. Builder refuses to pay invoice.
    Oh noooooooooo........     :(

    Is this the bloke who was given "legal advice by a mate" and then after following it decided to come here asking for help rather than going back to their mate who'd advised them in the first place?

    I wouldn't be at all surprised if the court has emailed him in the case of Himself v Himself as it's entirely possible he has sued himself - following his mate's "legal advice"


    That's exactly what I was thinking.
  • textbook said:
    textbook said:
    textbook 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... 
    £108 is just to get it reinstated.  They don't seem to know anything regarding what comes after.  Do you have any idea?  
    I know how it works for normal cases - but yours is unusual so I'm not confident giving advice as to the best thing for you to do. 

    Personally, given you're already delayed, what I would do is ask the person I was talking to via email if I can file a new claim online... and if they say yes (so it's in writing) then that's what I'd do.  

    You would lose the right to claim back the filing fee you've already paid if you win, and it'll take longer, but the system is set up to support everything being online (you still get sent copies of papers in the post, but it's all tracked and you can see the updates/timescales/make any payments all via your computer), so you're less likely to miss a deadline/receive a letter and not know if what it's about. 

    Plus it seems (from what you've said) it would be the cheaper option as I don't think you can claim back the fee to get it reinstated from the defendant (because it was your mistake) and the fee to file is less than the fee for reinstatement. 

    So I paid the £108 to reinstate the claim.  They've sent me some paperwork through the post.   There's nothing on whether or how to pay the hearing fee?   Shall i email them and wait their reply?  From previous communications the othe people in admin there don't know what they're doing   It's also on Teams, I've previously failed to successfully get into a meeting on that for job interviews.   I'm gonna have to check that beforehand.  Maybe use a computer a work

    They've written -

    IT IS ORDERED THAT

    1.  list on notice to all parties for the hearing of the application made by the Claimant to reinstate the Claim (previously struck out due  to non-payment of hearing fee)

    2.  Hearing to be MS teams video with a time estimate of 30 mins


    What;s 1 mean?
    They're telling you (and the person you're suing) that the fee has been paid to reinstate the case. 

    Given you waited for the paperwork and the issues you had previously, I would not recommend waiting for a response to email... I would recommend you either phone them (using the number you were provided previously) or going into the court and asking if you can pay the hearing fee to them in person. 

    As previously, there may not be a fee to pay (it may have been included in the fee to reinstate the case) - but you need to proactively find out, not wait and risk missing a deadline again. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • textbook
    textbook Posts: 793 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    textbook said:
    textbook said:
    textbook 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... 
    £108 is just to get it reinstated.  They don't seem to know anything regarding what comes after.  Do you have any idea?  
    I know how it works for normal cases - but yours is unusual so I'm not confident giving advice as to the best thing for you to do. 

    Personally, given you're already delayed, what I would do is ask the person I was talking to via email if I can file a new claim online... and if they say yes (so it's in writing) then that's what I'd do.  

    You would lose the right to claim back the filing fee you've already paid if you win, and it'll take longer, but the system is set up to support everything being online (you still get sent copies of papers in the post, but it's all tracked and you can see the updates/timescales/make any payments all via your computer), so you're less likely to miss a deadline/receive a letter and not know if what it's about. 

    Plus it seems (from what you've said) it would be the cheaper option as I don't think you can claim back the fee to get it reinstated from the defendant (because it was your mistake) and the fee to file is less than the fee for reinstatement. 

    So I paid the £108 to reinstate the claim.  They've sent me some paperwork through the post.   There's nothing on whether or how to pay the hearing fee?   Shall i email them and wait their reply?  From previous communications the othe people in admin there don't know what they're doing   It's also on Teams, I've previously failed to successfully get into a meeting on that for job interviews.   I'm gonna have to check that beforehand.  Maybe use a computer a work

    They've written -

    IT IS ORDERED THAT

    1.  list on notice to all parties for the hearing of the application made by the Claimant to reinstate the Claim (previously struck out due  to non-payment of hearing fee)

    2.  Hearing to be MS teams video with a time estimate of 30 mins


    What;s 1 mean?
    They're telling you (and the person you're suing) that the fee has been paid to reinstate the case. 

    Given you waited for the paperwork and the issues you had previously, I would not recommend waiting for a response to email... I would recommend you either phone them (using the number you were provided previously) or going into the court and asking if you can pay the hearing fee to them in person. 

    As previously, there may not be a fee to pay (it may have been included in the fee to reinstate the case) - but you need to proactively find out, not wait and risk missing a deadline again. 
    Thxs.   I'll call tomorrow if no answer drive down there. 
  • PHK
    PHK Posts: 2,333 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    textbook said:
    textbook said:
    textbook 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... 
    £108 is just to get it reinstated.  They don't seem to know anything regarding what comes after.  Do you have any idea?  
    I know how it works for normal cases - but yours is unusual so I'm not confident giving advice as to the best thing for you to do. 

    Personally, given you're already delayed, what I would do is ask the person I was talking to via email if I can file a new claim online... and if they say yes (so it's in writing) then that's what I'd do.  

    You would lose the right to claim back the filing fee you've already paid if you win, and it'll take longer, but the system is set up to support everything being online (you still get sent copies of papers in the post, but it's all tracked and you can see the updates/timescales/make any payments all via your computer), so you're less likely to miss a deadline/receive a letter and not know if what it's about. 

    Plus it seems (from what you've said) it would be the cheaper option as I don't think you can claim back the fee to get it reinstated from the defendant (because it was your mistake) and the fee to file is less than the fee for reinstatement. 

    So I paid the £108 to reinstate the claim.  They've sent me some paperwork through the post.   There's nothing on whether or how to pay the hearing fee?   Shall i email them and wait their reply?  From previous communications the othe people in admin there don't know what they're doing   It's also on Teams, I've previously failed to successfully get into a meeting on that for job interviews.   I'm gonna have to check that beforehand.  Maybe use a computer a work

    They've written -

    IT IS ORDERED THAT

    1.  list on notice to all parties for the hearing of the application made by the Claimant to reinstate the Claim (previously struck out due  to non-payment of hearing fee)

    2.  Hearing to be MS teams video with a time estimate of 30 mins


    What;s 1 mean?
    They're telling you (and the person you're suing) that the fee has been paid to reinstate the case. 

    Given you waited for the paperwork and the issues you had previously, I would not recommend waiting for a response to email... I would recommend you either phone them (using the number you were provided previously) or going into the court and asking if you can pay the hearing fee to them in person. 

    As previously, there may not be a fee to pay (it may have been included in the fee to reinstate the case) - but you need to proactively find out, not wait and risk missing a deadline again. 
    Actually 1 is saying there will be a 30minute hearing with a judge to consider the OPs application to have the claim reinstated. 
    They won't be deciding the original claim only if the claim can go ahead. 
    OP, you'll need to explain why you didn't pay the hearing fee. They are unlikely to accept that you didn't check your junk mail . I would stick with the truth: You haven't done this before and don't know what you are doing. 
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