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Amending and reserving claim

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  • Amending and reserving claim

    Hi
    Hoping someone can help.

    We have submitted a claim on a defendant however a N1244 form has been completed and the fee paid to amend and reserve the claim due to some corrections and new information we need to provide since the oriental claim was served.

    The amendments were crossed out in red and new text submitted in red using Adobe Pro as lots of new information needed to be added so no room on the origial claim form. This was submitted bit now has been rejected to say a version of the original claim form has been created so not accepted.

    Spoke to helpline who was quite vague and said they hadn't come across this before? Due to the fact there is lots more information to include that wouldnt fit on the orignal claim, he spoke to a collegaue who advised to cross through the whole timeline and add an additional page with the new timeline attached? I asked if they were sure this wouldnt be rejected and the answer was 'i believe so'. Not much faith in this answer, has anyone come across this before??
    thanks!
    Tags: None

  • #2
    Hi
    please read the thread started by AMETHYST on 14.1.2010 titled "How to Amend your Claim-CPR Practicalities"
    I assume you meant form N244 and not N1244

    Comment


    • #3
      The thread is on p45 of Amethyst's started threads

      Comment


      • #4
        Originally posted by LC80 View Post
        Hi
        Hoping someone can help.

        We have submitted a claim on a defendant however a N1244 form has been completed and the fee paid to amend and reserve the claim due to some corrections and new information we need to provide since the oriental claim was served.

        The amendments were crossed out in red and new text submitted in red using Adobe Pro as lots of new information needed to be added so no room on the origial claim form. This was submitted bit now has been rejected to say a version of the original claim form has been created so not accepted.

        Spoke to helpline who was quite vague and said they hadn't come across this before? Due to the fact there is lots more information to include that wouldnt fit on the orignal claim, he spoke to a collegaue who advised to cross through the whole timeline and add an additional page with the new timeline attached? I asked if they were sure this wouldnt be rejected and the answer was 'i believe so'. Not much faith in this answer, has anyone come across this before??
        thanks!


        Good morning,

        Ok so i presume the Claim form we are talking about is the N1 Claim form. CPR 17 covers amendments to a statement of case, you would need to apply for permission to amend unless the Defendant agrees the amendments by consent.

        If the Claim form does not provide sufficient room to fit the details of your claim, you are able to file separate particulars of claim, this seems to me a more suitable option here, you could conceivably retype the particulars into a word document, and then amend them per CPR 17 by striking through the text and underlining new text.

        Im not sure what helpline you spoke to, if it was the Court, then no they cannot give legal advice and you should not rely on any advice given by the Court as if its wrong you are going to be in trouble



        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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