Letter of Claim from BW Legal

nosferatu1001

So they dont know about this one either, or youre basing that on your prior experience? if the latter, dont assume, call.

Yes, if it has been struck out, the claim is dead. They can only "revive" it by an appeal, which had to have been made promptly AND you woul dhave had to have been informed
Maybe demand the PPC tells you what the hearing is for? theyre the obvious other party to this whole thing.

tor140

I did have a bit of a confusing conversation with them, the second hearing and strike out came from RCL, whilst the other correspondence have been from my local court, and the two don't seem to correlate to each other.

Coupon-mad

Have you made sure your old address was erased, so that you haven't missed anything?

tor140

Yes, the new letter came to the ew address, and I have a redirect on the old which seems to be working. The 2 most recent letters the court helpline had are the ones I've received.

tor140

HI, have had another conversation with the Court Helpline and have been told something different and wondered if this sounds plausible or not.

Background.
First hearing Vacated. Wrote to court to recover costs as was not informed it was cancelled. (was advised to do this by the court helpline).
Second hearing set but parties not informed of dates.
Letter from RCJ stating claim had been struck out due to no show.
Letter from local CC stating 'Adjournment of Hearing'.

First I called the helpline regarding the above and was advised this is confusing and that there might be a mistake and they would write to the court to find out what is going on.

Just called again and advised that the new Adjourned Hearing is in response to my letter asking for costs from the court, but is still between myself and the PPC to attend under the original claim no. Does that sound right that the hearing is for recovery of my costs? Doesn't seem to make sense to me, but then I have no idea how the courts operate!
Could I withdraw my application for costs rather than have to attend court or is this too late now?

Coupon-mad

Ooh, yes, your hearing is a costs hearing in your favour where you go and argue for money - what's not to like? Why would you not want to attend that?!

tor140

Two reasons, first the cost/time of taking another day off work and the costs won't cover that and also worried it's an opportunity for the claiment to bring to the attention of the court they were not informed of the missed hearing and get the whole thing started back up again. Just want the ordeal and worry to be over.

Coupon-mad

Trouble is, anything you now send to the court, MUST be copied to the Claimant which will tip them off.

tor140

Best bet to see it through now I guess. Thanks,

tor140

Update. Another letter from Court has just arrived, saying:

'Before aProper Officer at the County Court - ON THE COURTS OWN MOTION IT IS ORDERED THAT - The ordered dated September striking out the claim is hereby set aside.

I take it that means the claim is not struck out and the new court date next year is for the original claim? Not sure what the court helpline was talking about hearing for my costs