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How to reinstate a claim that has been struck out due to an administrative failure.

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  • How to reinstate a claim that has been struck out due to an administrative failure.

    I am looking for guidance as to what procedure must be taken to have a claim that has been struck out by the court (due to non-compliance with a court order to pay to the court the trail fee or file a properly completed application for help with fees) reinstated. I would be grateful if you could point me in the correct direction.
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  • #2
    I started a claim using Online Civil Money Claims and completed the application for help with fees.

    The defendant wanted to respond on paper instead so the case was transferred to the County Court Hearing Centre for allocation. From there it was transferred to my local County Court. It was then transferred to another local County Court where it is allocated to "the small claims track for hearing".

    I received "notice of allocation" which I complied with all directions imposed upon this order, except a term states "paying the trial fee or filing application for help with fees".

    As I had already applied help with fees at the start of claim I was confused, therefore I rang the court and ask for clarification. I was not given correct or complete information as I needed to call the help desk 3 times and each time I got a different information. Following that I emailed the court but I received a reply 10 weeks later. As result my case is now struck out.

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