reinstate small claims

afc

Hi

Not sure if this is the correct thread??

I want to know can i try and reinstate a small claims court case after 6 months after it was struck off without further order?

I am trying to get some items back and was told by the person they didnt have them. We came to a verbal agreement but they have since gone back on this. to make matters worse they have lied as they have the items and since it was struck off all items have been moved back into there home as they think they are legally theirs now.

any help in what to do would be very much appreciated.

Thanks in advance

G:beer:

Quentin

Why was it struck out?

If it was because neither side progressed it (beyond the original claim and defence), then you can restart proceedings from scratch with a brand new claim. (Though you cannot include the court costs of the original abortive claim in a new one - you will just have to swallow that).

afc

thanks, i have been told by the court to fill in a n244 and pay £75 and its up to the judge.

It was struck out because i didnt take it further and it never got past the questionairre part. We had come to an arrangement at that point but sadly she has not kept up with her end so feel I need to take it all the way this time. Especially as the all the items she still has and are back in her house.

Do you know if I go down the n244 route or new claim ?

Thanks for the reply.

:beer:

Quentin

Take the court's advice over this - the n244 route (if successful) will reinstate the original case. Shame you didn't take it all the way last time, though at least you know the defence!