Moneyclaim

sabelu

Currently I have a case outstanding as the claimant. I paid an initial £455 and followed instructions. The defendant refused to go to mediation, the case now escalated to small claims I now need to pay a further £300+ why is this I’ve had little for my initial £455 are these refundable if I win?

la531983

No, they are added to the claim.

DullGreyGuy

sabelu said:

Currently I have a case outstanding as the claimant. I paid an initial £455 and followed instructions. The defendant refused to go to mediation, the case now escalated to small claims I now need to pay a further £300+ why is this I’ve had little for my initial £455 are these refundable if I win?

The courts dont work for free. 

When you logged the claim you will have been asked if you wanted to include fees in your claim against the other party. Assuming you said yes then if you win the other party will have to pay you what you are claiming plus the £755+

Alderbank

You can apply for money off a court or tribunal fee. You can do this before or after you pay the fee. Only individuals can apply, not businesses. If you qualify you will get money off your fees regardless of whether you win or lose your case.

You apply using form EX160. You can check if you’re eligible using the ‘How to apply for help with fees’ guidance included with form.

https://www.gov.uk/get-help-with-court-fees

born_again

sabelu said:

Currently I have a case outstanding as the claimant. I paid an initial £455 and followed instructions. The defendant refused to go to mediation, the case now escalated to small claims I now need to pay a further £300+ why is this I’ve had little for my initial £455 are these refundable if I win?

Excluding above post.

Only if you win & the other party can afford to pay you.

saajan_12

Did you try to resolve the issue outside court first? Such as by sending a 'letter before action' detailing the amount you think you're owed and a short time to pay it. 

If yes, then your argument is that the defendant's failure to pay before court £x cost you £x + £755.

sabelu

So with the above claim I have submitted to MCOL they then referred to mediation where the defendant didn’t attend. It was then escalated to small claims where a court date has been allocated. Both parties had to submit final claim and defence by the 12th April to both the court and each other. It I believe is my responsibility to put together the final court pack with both these packs. However the defendant has not copied any defence to me that they may have submitted to the court, assuming they met the deadline. I have tried to contact the court by phone and email there is no response by phone or email. I’m now confused as what happens in this instance does the case still go to court in the absence of a defence? Will the court contact me and update before the deadline for the court fees to be paid. Has anyone any such experience of this happening?

PHK

In my experience (although as defendant not claimant) it will still go to court but the judge will take a very dim view of the party who didn’t follow their instruction. 

Make sure you let the court know that you haven’t received the defence pack. 

sabelu

PHK said:

In my experience (although as defendant not claimant) it will still go to court but the judge will take a very dim view of the party who didn’t follow their instruction. 

Make sure you let the court know that you haven’t received the defence pack. 

I have let the court know but had no response

sabelu

So court judgement in my favour today do the court get payment from the defendant on my behalf? If there is non payment what are the next steps?