Sep

Reinstate claim or start a fresh claim after court fee debacle?

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I was wondering if there are any solicitors on here who could advise me on the following. I have taken a guarantor to court for rent arrears from a previous tenant of mine.

After sending in all the documents I intend to rely on in court along with my witness statement and cheque for £170 for the trial fee that needed to be paid before the 8th Septemeber 2017 I noticed that the cheque had not been cashed by the court.

After calling them up on 8th September I asked them why the cheque had not been cashed and they said they didn’t receive the cheque (it was clearly stapled to my witness statement). I was advised by the court to cancel the cheque with my bank and to pay the court fee over the phone by card.

I phoned my bank and cancelled the cheque then called back the court to make the payment. I was told the bailiffs was using the card machine so they was unable to take the payment. I phoned back a further two times to make the payment to be told that the card machine was still in use. I then called back again a fourth time and the card machine was available this time, but it was past the 2.30pm cut off period to take the payment for the day and I was told to call back in the morning to make the payment.

I explained to the court that I was going away for a week and I needed to make the payment urgently and they told me to send in an email to explain this to the court. So I did just that I sent an email asking for an extension for the payment as I was away for a week and I would make the payment on my return I also explained that I had sent in a cheque and tried to make the payment four times that day.

Anyway cut along story short on my return I called up the court to be told that the claim had been struck out and I have to pay a £255 fee to have it reinstated which am not best pleased about.

The advice I am after is do I have to pay the £255 to have the claim reinstated or could I just start the claim from scratch all over again which only cost me £105 and this time I could add on the interest to the claim which should cover this amount.

So my question please to anyone that could give advice would be: Do I have to pay to reinstate the claim a fee of £255 or could I start a fresh claim which would only cost me £105.

Many thanks

Stephen

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