Claim form received HX incomplete VRN

Redx

So stop copying and pasting from word

Mse Andrea posted about it over 18 months ago

whiskeytoothpaste

Ha!
Letter arrived. The hearing is vacated and struck out because HX failed to pay the fee. Genuinely bothered because I was ready for them. And after all that prep.
Can they bring the case again?
Can we request any costs?

Umkomaas

Can they bring the case again?

They’d be daft if they did. There’s no pattern of PPCs reviving/further pursuing struck cases.

Can we request any costs?

You’d have to prove unreasonable behaviour by the Claimant, which is a very high bar, not paying the court fee wouldn’t get anywhere near, in my view. Being miffed that they’ve put you through the wringer wouldn’t work either. See if anyone else wants to comment.

Coupon-mad

They can point out they DID pay and the court missed it (has happened).

whiskeytoothpaste

Hi CM
They have done just that and it's back on. Received an order dated 12th. The problem is my aunt is still on holiday (as stated on the AoS (or other) and back in a few days. I have not submitted the WS as I've just found out. I can deliver by hand tomorrow and post to GS in the morning.

Redx

when you said WS, I assume you realise its more ?


its the WS + Exhibits (evidence) + Costs Schedule , so 3 sets of items in one bundle , one bundle to the court and one to the claimant

whiskeytoothpaste

Hi Redx yes I have all those things. Ready to go in 2 envelopes. Just worried that it may now be late because they called it off on 29th oct and on 12th called it back on. So the only thing I can do is to post one set to GS tomorrow and hand-deliver to the court tomorrow. Surely they can't have any issues if it is late ?

Redx

you can add a note to both bundles (mainly to the court) that the submissions may be late due to what you have stated above and asking for both the court + judge , plus the claimant ;to accept it as a valid reason for late submission

thats what I would do

Coupon-mad

Quickly read CEC16's thread and add as an exhibit the CRA 2015 Sch 2.

whiskeytoothpaste

Just in time managed to print and attach. I added the exhibit in pen on both copies. I highlighted the applicable sections but I think I highlighted one which was not applicable but I have noted on my copy which points to draw to the courts attention. This is about the over-inflated costs not being transparent and therefore not excluded from the CRA?