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Defence struck out for no reason

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  • Defence struck out for no reason

    I am one of 2 defendants in a money claim just over 10k.

    The case was progressing ok, up until we were asked to do a DQ.

    We filled the DQ and sent it to the court. Both DQ for each defendant in the same post. After a while, I got a letter saying that If I dont file the DQ then I will be sanctioned. The other defendant did not get this and the court staff confirmed that they received his DQ ( which means mine had to be received as well ).

    Regardless I sent the DQ again via email this time to the supplied email address as advised by the court staff. We waited about a month and nothing came of this, so I rang up again to chase the status of the case. I was told that my DQ had yet again not been received. I was advised to forward the original email to the supplied email address again and wait for it to be picked up. 2 weeks later I get a reply from that email saying my defence has been struck out and I need to pay £119 for an application for my defence to be reinstated.

    Whats my next move here? Looks like this is a court mistake but now im required to pay a decent amount of money to be able to have a defence. This sounds more like extortion rather than justice.
    Tags: None

  • #2
    Write a letter of complaint to 'The Court Manager', write a summary of events with dates, so they can follow the 'time-line', attach the evidence - the email trail. Email it to the Court, it won't be ignored.

    You could pay the money to get the case reinstated. But ultimately you should get that money back.

    Comment


    • #3
      Hi! Thanks for getting back to me and for the advice. Hopefully this will get the ball moving now.

      ​​​​​​

      Comment


      • #4
        Originally posted by jetbrains View Post
        I am one of 2 defendants in a money claim just over 10k.

        The case was progressing ok, up until we were asked to do a DQ.

        We filled the DQ and sent it to the court. Both DQ for each defendant in the same post. After a while, I got a letter saying that If I dont file the DQ then I will be sanctioned. The other defendant did not get this and the court staff confirmed that they received his DQ ( which means mine had to be received as well ).

        Regardless I sent the DQ again via email this time to the supplied email address as advised by the court staff. We waited about a month and nothing came of this, so I rang up again to chase the status of the case. I was told that my DQ had yet again not been received. I was advised to forward the original email to the supplied email address again and wait for it to be picked up. 2 weeks later I get a reply from that email saying my defence has been struck out and I need to pay £119 for an application for my defence to be reinstated.

        Whats my next move here? Looks like this is a court mistake but now im required to pay a decent amount of money to be able to have a defence. This sounds more like extortion rather than justice.
        so when the defence is struck out it is a judicial process to allow it back in
        judidical process is where the fee comes
        yes it is a HMCTS mistake and if you make a complaint you will likely get your fee back but it is important that you pay the fee as they will be at liberty to request judgement against you and enforce that with high court enforcement

        Comment

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