Money Claim Online - Case set aside?

[sparky74]

Hi,
Im looking for some advice or help. I submitted a claim through the moneyclaim online service. I made a mistake on the form and ticked the box to say i would send "particulars of the claim" to the defendant separetly. However my mistake i didnt read that bit and failed to send them to the defendant. The defendant has filed to set the case aside ( or have it struck out) , i called the court this morning and they advised there will be a hearing which i need to attend. Does anyone have any idea if the claim will be struck out or what i should do to save the situation?

[stevemLS]

Re: Money Claim Online - Case set aside?

I think you may well find yourself in difficulty. Since the Court of Appeal judgment in the Mitchell case, the courts have been rigidly enforcing time limits and sanctions.

The sanction for failing to comply with the CPRs includes striking out a statement of case, which would effectively bring your claim to an end.

The Court of Appeal said that if you are to apply for an extension of time, you have to do it before the original time limit expired, which obviously you cannot do.

The CPR Part 3 says that sanctions have effect unless the defaulting party (you) applies for relief and in considering an application for relief the court has to have regard to the need for disposing of proceedings efficiently and at proportionate cost AND the need to enforce compliance with the rules.

Best think you can do, I think is to make an application for relief, will be a fee (£50 I think), you need to do a CPR compliant statement explaining why you were in default and I think all you can say is that you're a litigant in person and failed to appreciate........

I wouldn't rate your chances though, sorry.

In all probability you will be ordered to pay the defendant's costs of the application to strike out.

Is your claim worth it?