Application fee for change of name of a party and increase of amount claimed?

[willdo]

Would it be £100 - a Without Consent application?

[Amethyst]

£255 is without consent - £100 is with consent

[willdo]

Oh. Okay. And does changing the total claimed require their consent?

[Amethyst]

It is always better to deal with consent before making an application - is this related to a previous thread ?

[willdo]

No asking for someone at work.

[Amethyst]

Ok. Few q's to ask then.

What is the change of name ? Is it misspelt or was the claim brought against the wrong party ?

Has a defence been filed ?

Why is there an increase in the sum claimed ?

Is the claim for under £10k ?

[willdo]

Ok. Few q's to ask then.

What is the change of name ? Is it misspelt or was the claim brought against the wrong party ?

Not a mis-spelling. She was told the wrong name to file against, by the company employees themselves.
It’s the same company, just a different division., i.e. she needs to change the name to the specific name for the specific division she wants to claim against.


Has a defence been filed?

Yes. They pointed out the wrong entity was named.


Why is there an increase in the sum claimed ?

Again, employees of the company stated the wrong amount owed to her and she only found out after making the claim that they misinformed her.


Is the claim for under £10k ?

Yes.

[willdo]

This claim was struck out because MCOL couldn’t get their acts together and file my friends DQ properly.

Can she just start the claim again but name the other company as the ones she is taking on?

Technically, as they claimed she sued the wrong company in the first place, I think that means a new claim against a different named company would be a new claim? i.e. not second bite of the cherry?

[Amethyst]

What happened with the DQ ? When did she find out it was struck out ?

[willdo]

They misplaced it. Found out yesterday.

She can complain and possibly get it reinstated, but figures she might just as well pay £105 and name the right entity in a new claim?

[willdo]

so is a new claim okay, do you think?

[willdo]

Anyone? She’s desperate.

[Amethyst]

Ok, the claim has been struck out - due to the DQ not having been filed - however it had been brought against the wrong entity originally ( according to the defendants ). The court are aware that the strike was an error as she's enquired about the DQ not being filed when it had been.

Do you have a copy of the defence ? and the order striking out the claim ? As the DQ was filed and the court made an error in striking out the case a complaint should get it reinstated. What we need to do is look at this 'wrong entity' part - is it actually a different company ? Has she checked companies house ? What is the claim for ? It sounds like she's relying a lot on what employees of the company tell her so she should ensure she is masking a correct claim. As this struck out claim was struck after defence the other side could ask for wasted costs, it is unlikely, but we'd rather know something about the case before she throws more money at it either filing a new claim to a different party or complaining about the strike, having the claim reinstated and applying to amend the defendant and amount.

[willdo]

Okay thank you Really helpful. It wouldn’t be second bite of the cheery if she field the same POC but against the different company then?

[Amethyst]

I don't believe so, no, if it truly is a different entity.