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Court Hearing tomorrow - wrong date on Claim Form

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  • Court Hearing tomorrow - wrong date on Claim Form

    I have a County Court hearing in the morning and was just going through my papers.

    I notice that the original Claim form I received refers to a road traffic accident on the 29/08/19.

    The alleged incident was actually on the 22nd August.

    So the Claim Form and Particulars of Claim are essentially incorrect, as they are claiming losses from me on a completely different date.

    How significant is this, and if it could get the Case thrown out, at what point should I seek to mention it ?

    Thanks in advance
    Tags: None

  • #2
    I doubt that a date on its own would be sufficient to throw out a whole claim. There would need to be something more significant to warrant throwing it out and in any event, you should have spotted it earlier when the claim first came through.

    You can certainly mention it but obviously it means they can claim a weeks more worth of costs. Also have you checked witness statements, as its possible the correct date could have been mentioned there.
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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
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    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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