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Small claims counterclaim- who pays the hearing fee?? Help!!

28 replies

Tsc2011 · 17/08/2023 15:33

Hi All,

We’re stressed and confused and would really appreciate someone with experience of counterclaiming in the small claims court advising on this.

Our builder made a claim against us earlier in the year. We made a counterclaim against him (after he wrecked our house and didn’t finish the job). We paid a fee of £205 to the court to raise the counterclaim.

A court date was set and the letter, naming him as the claimant, said the claimant had to pay an additional hearing fee by a certain date. He didn’t pay it and his claim was struck out. However, they said our claim was also struck out because we didn’t pay the fee.

The letter didn’t say we had to pay, our solicitor said we didn’t need to pay and I called the courts at the time who said we didn’t need to pay.

I’ve since called the court who said I was advised wrong by them and should raise a complaint. However, my solicitor phoned the court and was told it was an error at the court, we didn’t need to pay and our counterclaim still stands. We’re being told different things by different people. We’re now waiting to hear back from the court.

Anyone with experience of counterclaiming in the small claims court- did you have to pay the hearing fee??

OP posts:
Tsc2011 · 15/11/2023 14:48

Thanks all, I spoke to my solicitor this morning (who agreed the bundle was awful and apologised) and they’ve reordered it today and it’s going in the post now and should arrive tomorrow morning. They spoke to the court to let them know and were told that it didn’t matter if it was a bit late because the judge wouldn’t open it until a few days before the hearing anyway.

I don’t know how true that is but I’m thinking the contents are the same as in the previous bundle so we’re not interrupting court process by sending the update, just helping the judge read it more easily.

Fingers crossed that’s the last of the drama! Thanks for the help.

OP posts:
Sisterpita · 15/11/2023 17:24

Glad you got it sorted.

Cantwaitforsummertime · 15/11/2023 19:23

if you are happy with it now just leave it. If anything is missing flag it now , disclose it and take several copies to court with you.

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