Ask the judgesAnother question - and another answer from a our panel of district judges

Q Our debt recovery department regularly issues proceedings for straightforward debts exceeding 1,000.

Often, the defendant pays the capital debt on service of the claim form and then files a defence stating that the debt has been paid.

This is treated by the court as a defence in the normal course or as a part

admission.

Whether or not the defendant gives reasons for refusing to pay the fixed costs and interest the claim then has to proceed as defended.

The costs and interest that remain unpaid are invariably less than 1,000.

As this is the only element of the claim that remains undecided, is the claimant still required to pay the 80 allocation fee? This seems harsh when the amount left is dispute may be as little as 150 and the

claimant has a very good prospect of succeeding

A Harsh it may be but that is what the County Court Fees Order 1999 says.

If it is demonstrable that there is no defence, write to the court asking for the district judge to consider (of his own initiative) striking out the defence filed so that the cost of completing the allocation questionnaire - as well as the fee - and of a hearing and preparation for it will be saved.

Because the judge will need to be sure that the claimant is

entitled to the costs of commencement, the letter should go on to deal with the date on which the principal debt was paid and an interest calculation helps where there is an interest entitlement which has been properly pleaded.

Another reason for seeking to have the matter dealt with in this way is that automatic transfer to the defendant's home court would be avoided, where otherwise appropriate.

Automatic transfer out applies on a part admission.