The County Court Business Centre mucked up

[dido]

Hi,

They received my claim but failed to action it and after six months asking them to, they finally found it and put i through but now I am beyond the 6 month statute of limitation deadline to being my claim

It is without as doubt the staff's fault and they accept the errors, but will not compensate.

Can I take them to court?

[MIKE770]

complaint to Complaints procedure - HM Courts & Tribunals Service


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[dido]

Hi MIKE770

First of all I meant 6 year stature, obviously, not 6 months.

Thanks for your link. I used this and they have refused three times to compensate me.

So want to know if I can take them through the courts?

[R0b]

For the purposes of the limitation period, the claim is brought within time once it has been filed with the court, so there is no issue if they have now found the claim and issued it.

Whats the problem?

[dido]

They filed outside the limit due to their staff errors. They acknowledge they were at fault but have told me 3 times there is nothing they can do.

[dido]

I have escalated it to the highest point and then had that decision reviewed. They are quite blatantly hoping I will just go away.

[R0b]

Sorry I am still not following. Either the claim was filed before the limitation period expired or after, issuing the claim is another matter.

You said in your first post you filed the claim but they failed to action it because it was lost and now found. That suggests to me you filed it on time before the limitation period expired but are you now saying you never filed it on time?

[dido]

I sent it in time. They received it in time. They noted it being filed on a later date and despite acknowledging they failed to file it earlier, they refuse to deal with the matter.

[dido]

They have accepted the staff error, but state that basically shit happens and I can't do anything about it.

[R0b]

I'm really struggling to understand what your point is because you aren't giving much information.

If the claim has now been issued and is live and active, then I don't see what the problem is because you have lost nothing unless you can prove losses suffered or incurred as a result of the failure to file.

If the claim is not being processed because they say it is out of time, well quite frankly that's not the court staff decision because they do not have the power or authority to do that, unless there is a court order by a judge to that effect and in that case you would have to appeal. Normally where court staff have refused to do something then it would be an application by way of judicial review arguing they have acted outside their powers or authority. If I recall, the court will take a neutral stance in proceedings e.g. they will not make any opposition or arguments but effectively allow the court to decide what should happen.

You may also want to try and sue the court for negligence but I am unclear if that is possible or how far it will get. The letter before action should be sent to the Ministry of Justice and then the defendant would be the actual name of the court.

[dido]

I guess I am just asking if it is okay to sue the county court, or the CCBC.

[R0b]

Of course you can, but that doesn't mean you will be successful.

[dido]

Oh. I read that you cannot take the local county court in in the small claims.

[R0b]

So just to repeat what I said, you can issue a claim against any personal, company, governmental body or whoever you like. The court's job is to process that claim as usual but that doesn't mean your claim will be successful for a various number of reasons.

I don't have anything else to add on this point really because its up to you as to whether you want to sue the court. I've given you some options that might work but you are angling for some other answer I don't quite understand.

Just as an FYI, there is no court called the small claims court. Reference to small claims is a track that cases get allocated to normally for claims under £10k and are not complex in their nature. A court will determine this as the case progresses and a judge reviews the case before deciding how it should be allocated.

[dido]

Hi,

Does anyone know if there are examples or precedents/cases I can see where a litigant in person took on their local county court in a legal claim?