county court claim and amendment of claim advice

[muzz]

have recently submitted a claim for money off a person and the claim has gone to county court, the court have asked for an amendment of claim and for me to serve new amendment, I wrote to court with a letter with all new calculations etc but apparently I need to write a certain paragraph or something ??


please advise or help lol

[Amethyst]

Re: county court claim and amendment of claim advice

Difficult to know what you have missed out without seeing your original claim.

If you want to show us what you have sent so far it should be quite easy to see what's required. It could just be the statement of truth at the bottom, or it could been the whole caboodle.


Here's the relevant CPR

Contents of the particulars of claim

16.4

(1) Particulars of claim must include –

(a) a concise statement of the facts on which the claimant relies;

(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

(c) if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e) such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest he must –

(a) state whether he is doing so –

(i) under the terms of a contract;

(ii) under an enactment and if so which; or

(iii) on some other basis and if so what that basis is; and

(b) if the claim is for a specified amount of money, state –

(i) the percentage rate at which interest is claimed;

(ii) the date from which it is claimed;

(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv) the total amount of interest claimed to the date of calculation; and

(v) the daily rate at which interest accrues after that date.

(Part 22 requires particulars of claim to be verified by a statement of truth)

[muzz]

Re: county court claim and amendment of claim advice

hi
thanks for the reply, basically sent a claim through money claim and was accepted at Northampton county court, then went to mediation, which defendant never responded. now case has been transferred to Swindon county court and went up to judge, they have asked for a breakdown of my figures, so sent a letter in and they have now replied stating:

it must have a statement of truth and be the calculation's/breakdown must be by the form of a amendment of claim.......

without going to a solicitor and costing even more I thought id try my luck here !


appreciate all the help and advice

[Amethyst]

Re: county court claim and amendment of claim advice

When you say 'they' do you mean the court have replied ?

Did you get an order from the Judge who asked for a breakdown of figures if so can you post it up please.

[Amethyst]

Re: county court claim and amendment of claim advice

the court have asked for an amendment of claim and for me to serve new amendment,

If the order does state you need to apply to amend your claim, you need to use form N244 to apply, and there is a fee of £50.

It would be very helpful to see your original particulars of claim AND the order from the court. You can email if its easier - admin@legalbeagles.info

The defence might also help see why the calcs have been ordered and why it needs to be a full amendment rather than additional disclosure.

[muzz]

Re: county court claim and amendment of claim advice

yes they= court ! and the judge has asked for a breakdown and for me to file and serve the amendment , the only snag is I cant find the letter but the court have sent another yesterday with a new order giving me until 10th nov to do the amendment etc

[Amethyst]

Re: county court claim and amendment of claim advice

okay cool, post that up or send it to my email when you have it.

file and serve is different to submit a formal application so need to check exactly what the court has asked for,


btw the statement of truth is simply


I believe that the facts stated in this [name document being verified] are true.

Signed

Dated

[Amethyst]

Re: county court claim and amendment of claim advice

Ah with you now, Sorry Okay we need to do an amendment so will help you draft something now for you to go from to get back into court.

[Amethyst]

Re: county court claim and amendment of claim advice

Okay Draft - your cacluations for the stat interest were slightly out. I have calculated it on the original sum and the late payment fee, so just need the date the late payment fee applied to check that is okay. In your original particulars of claim you did state the full particulars would follow in 14 days - did you do that ?

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: xxxxxx

BETWEEN:

Muzz
CLAIMANT
And

xxxxxxxxx
DEFENDANT


__________________________________________________ _________________________
Amended Particulars of Claim
__________________________________________________ ______

1: The Claimant runs a courier service and advertises his business through the online website ‘Shiply’
2: On xxxxxxx the Defendant, Mr xxxxxxxxxxxx, engaged our services to transport an xxxxxxxxxxx from an xxxxxxx seller in xxxxxxxxxxxx to the Defendant at his address, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
3: The price agreed for the service was £50.80
3: The agreement, under our standard terms and conditions, was that Mr xxxxxxxxxxxxxxx would pay cash upon delivery for the service provided.
4: On xxxxxxDATExxxxxx, as agreed, the courier collected and delivered the item to Mr xxxxxxxxxxxxxxxxxx.
5: Mr xxxxxxxxxxxxxxxx was unable to pay Cash upon Delivery and following a telephone conversation with xxxxxxxxxxxxxxxx agreed to make the payment by direct Bank Transfer instead.
6: Despite numerous reminders, no payment has been received.
7: Therefore the Claimant claims

1. Original cost of Delivery £50.80
2. Admin charge for late payment £25.00 ( as detailed in our terms and conditions)
3. Two Recorded letters sent £1.72 + £1.70 = £2.42

8: The claimant claims interest under section 69 of the County Courts Act at the rate of 8% per year from 01/08/2013 to 09/06/2014 being £5.18 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.02 per day.

Statement of Truth
The Claimant believes that the facts stated in these particulars of claim are true.



Signed …………………………………………
Dated

[Amethyst]

Re: county court claim and amendment of claim advice

Also now I know the agreement was made through Shiply, does Shiply not offer 'sellers' any protection ? I had a quick look but it basically seems they just put you in touch with buyers and you make agreement/arrangement direct after you email the customer your quotation.

[muzz]

Re: county court claim and amendment of claim advice

hi do you have a phone number to call you on ? very unusual I know but im getting confused and not understanding where your getting some info from

[Amethyst]

Re: county court claim and amendment of claim advice

Sorry I'm not great with telephones.

I've just read back and I do tend to ramble a bit so I'm not suprised.

Which bits have confused you?

[muzz]

Re: county court claim and amendment of claim advice

I still don't know if I can claim the amount stated or if that's now not totally correct ??
you stated that we agreed on the phone with Mr Appleby but this was done in person on delivery ?

also if the amount is wrong can I claim for the time spent on working on the case i.e hourly rate etc ??

[Amethyst]

Re: county court claim and amendment of claim advice

Okay just amend as necessary

so

5: Mr xxxxxxxxxxxxxxxx was unable to pay Cash upon Delivery and following discussion with the courier ( Mr xxxx ?? ) agreed to make the payment by direct Bank Transfer instead.

also just noticed in the breakdown para 3 needs amending - 3: Two Recorded letters sent £1.72 + £1.70 = £3.42

As this is small claims and you are a litigant in person you can't claim for time spent working on the case. Your interest calculations were way off and I couldn't figure out how you'd arrived at them.

The total claim inc 8% interest to the date you submitted the claim is £84.40 plus your court fee

I'm sorry I don't think you will be able to claim back the difference in the court fee you paid, maybe have a chat with the court while you're submitting your amended claim about having miscalculated the interest and whether that has affected the court fee you paid etc.

[muzz]

Re: county court claim and amendment of claim advice

ok so whats next ? do I need to put this on a claim form with Amendment of particulars at the top etc