I'm the Plaintiff - after filing a discontinuance form in July 2021, the Court has not responded. Can I file a claim against the Court?

[Maketa79]

Can I make a claim against the Court?

 

In November 2021 - I filed a complaint, demanding the £335 hearing fees which I had paid earlier.  I did not receive a response to date.  I have not heard from the Court. I have called the Court on the phone on innumerable occasions, the line always goes to an answering machine but no one calls me back.

 

The case in question was originally filed by me in January 2020.  Can I make a claim against the Court for failure to return my hearing fees?

 

I would be grateful for Members' advice and steer.   With thanks.

[BazzaS]

Stay off the phone, if all you have been doing is leaving answering machine messages.

[dx100uk]

 

is this^^^

[mantis shrimp]

As said in that previous thread, you need to make an application to the court. Not a phone call. Not a letter. An application. 

 

But discontinuance may not have been the best course if you wanted to seek the return of the hearing fee. 

Edited June 3, 2022 by mantis shrimp
typo corrected

[Manxman in exile]

On 03/06/2022 at 07:07, mantis shrimp said:

As said in that previous thread, you need to make an application to the court. Not a phone call. Not a letter. An application. 

 

But discontinuance may not have been the best course if you wanted to seek the return of the hearing fee. 

 

Although in that other thread @Andyorch did suggest at #5 that the hearing fee should be refunded if discontinued?

 

"Re the hearing fee ....you state a hearing date has yet to be set. Claimants currently get a 100% refund of the hearing fee if they notify the court of settlement in writing, at least seven clear calendar days before the trial date or start of the trial week."

 

Although whether that was correct or not I don't know.

 

@Maketa79  -  why don't you write to the court, explain clearly what has happened with dates, and enclose a copy of your application to discontinue.  Ask them why they haven't refunded the hearing fee.

Edited June 4, 2022 by Manxman in exile

[Andyorch]

Apparently hearing refund's were scrapped with the CPR update 6th March 2017

 

https://www.harmanscosts.com/news/hearing-fees-no-longer-refundable/

 

 

[mantis shrimp]

Well, uncleB, there we have it. 

[Maketa79]

I thank you for all the responses, everyone who took the time and trouble to read and respond to my post. 

 

Please be reassured that I have done all that has been suggested here including detailing a clear chronology of events, even providing a copy of the 'discontinuance' form and the cover letter. 

 

What seems clear now s Andyorch has spotted a point which I was totally unaware of, namely that hearing fee refunds were scrapped. 

 

That, I suppose, is why the Court has been unresponsive.

 

  That is also what makes this Forum truly amazing, the depth of knowledge that Members have is unfathomable.

 

Thank you so very much all.

Edited June 5, 2022 by dx100uk
Spacing