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Granting relief order


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Hi All

I filed a county court claim against a tenant-damage to the property, loss of rent(wouldn't allow agents to view the property for reletting so it remained vacant for a couple of weeks afterwards).New tenants in place now

A hearing fee was payable, somehow this got delayed, However a cheque was sent via special delivery to HM courts and tribunals services which arrived by due date and was encashed by them few days later.

I have recieved a letter from courts today that the claim has been stuck off due to non payment of fee(Clercial error on their end)

I have written back to them with the evidence that the fee has been paid.

Are any of the learned members aware of forms that might need to be filled ?Granting relief order to get this claim reinstated?

I have simply written back to them with the info and plan to ring them on Monday

I am aware tham I am allowed 7 days from the date this letter was sent

Many Thanks


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I have not seen this post before. When you make an application for a hearing, you either pay a fee or if you cannot afford the fee apply for a remission. If you failed to pay the fee or the fee was mislaid then the court would have written to you to chase the matter up. You would have been given bewteen 7-14 days to respond. Now when you say hearing fee do you mean an issue fee on lodging your cliam or lisiting fee which is the fee charged by the court for setting your claim down for a final hearing. If it is the issue fee then all you have to do is file your claim again and this time pay the fee. Alternatively you can write to the court explain your position re it was their mistake and ask for the matter to be referred back to a district judge for consideration. If it was a listing fee (as I expect) then you can apply to the court using form n244 (fee £45.00 without a hearing) and ask the court to reinstate the claim giving your reasons why. The court has to have regard to overriding objectives and provided you have a good enough reason there is no reason why the claim would not be reinstated. You would have been sent an unless order from the court prior to the claim was struck out and you will need to explain why you did not respond to it.

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