Reinstate a struck out claim

[billywhizzm]

Hi Guys,

Recently a claim was struck out due to late payment of hearing fee. "I am defendant"

Claimant is trying to reinstate the claim by writing to court and other process if available.

I was wondering what are the chances of judge reinstating the claim with no hearing was done and is there a time line within which claimant needs to apply to resintate?

 

Thanks

Bill

[BankFodder]

The late payment of the fee is a mere technicality. I would have thought that there will be no problem in having the claim reinstated. However it may be that the claimant will have to do this by means of an application notice for which the fee would be about 250 quid or so.
If it does go to court and you lose you should certainly argue that the £250 fee for the application notice was incurred through the claimant's own fault and so you should not be made liable for this.

Do we know about this? Why don't you tell us the story

[dx100uk]

little bit short on understandable english is that post.

yes they can .

how about telling us about the claim.

dx

 

[billywhizzm]

ok Story as below in short.

It's a claim between me and kitchen provider.

In July 2017 we did a house rebuild and one of the must have's was a German kitchen.

Initially we ordered a Kitchen via Schmidts, later on our builder told us about his Mrs's company who does kitchens and tiles.

The price for the kitchen from the new company was more than Schmidts, we still went ahead, cancelled Schmidts,  

paid 50% deposit and ordered hoping they will deliver a German or at least high end kitchen.

The company was closing its kitchen business so no real kitchen to see.

when the units came we could see that its not high end, just bespoke boxes and units. when we complained we were told there was nothing they could do, we got what we saw.

The builder did a big mess in fitting the kitchen units and at the end i scrapped that kitchen and went back to Schmidts and ordered a new one.

The company was chasing me initially in 2017 for balance 50% but I was adamant that this is not the kitchen we hoped for. They chased me with a few letters in until Feb 2018.

In Sept 2021 they a submitted a claim for 50% plus some money for the tiles. I had already paid cash for the tiles to the builder. "transaction with builder was in cash"

Dec 2022 we had a preliminary hearing and the judge said hire a expert witness who can submit the report.

the expert witness went to the company's shop  and later visited my house and finally his report was that we got what we saw. LOL.  the report is in claimant's favour. may be in 1 line he did mentioned my existing kitchen has top end fittings and accessories.

 I was expecting him to compare the kitchen units with German kitchen. as per expert witness there is no such German kitchen in world. 

I was ready to fight out in court with all the story but now the claim is struck out due to late payment.

the company had 7 months to pay the hearing fee.

That's the story ENJOY reading.

[BankFodder]

You've been here since 2009 – did you never think to come and post here and laid out and ask us for help earlier on when this all started?

[BankFodder]

Mind you, seven months to pay the hearing fee and they still haven't done it – this could seriously undermine their attempt to have it reinstated

Who was it who identified the joint expert?

[billywhizzm]

Yes I know. it was my mistake not to put here.

but then I thought this would be thrown out and I was relying on expert witness.

we were told to hire kitchen manufacturing expert with no connections to either of us.

we could not find one so we agreed one who is a kitchen seller comes up first in google search "kitchen expert witness" due to time lines given by judge.

[BankFodder]

Well – Big Fail!

If you had come to us as soon as things started to go wrong we might have been able to sort things out. It's not as if we were going to charge you £300 an hour. We do it for free but this kind of thing just makes us work a lot harder then we need to.

Please post up the claim form in PDF format and also your defence in PDF format.

How long is the report? I suppose you had better post that up in PDF format as well

[billywhizzm]

the report and defence is quite big and too many personal details of names. 

[BankFodder]

Well if you won't redact them then I'd really am not too sure how we can help you