Didn't receive paperwork from the court (small claims)

[CMan007]

Thank you very much, this is extremely clear and helpful. It is slightly surprising that I should make a complaint immediately but to be fair I was told its £303 and that's that.

I assume I make my complaint here:

https://hmcts-complaint-form-eng.for...ustice.gov.uk/

[CMan007]

If I also want to sue the defendant for the tax that he deducted from what he did pay me (and did not pass onto to the HMRC) would it make sense to make a new claim or can I restore and amend my current claim?

[JK2054]

you can amend it its an n244 form.

However, if you are doing that I sugest you do the £303 application, apply for restoration and apply for the change in amount as one applicatiom

[CMan007]

So it makes sense to not make the complaint but to amend my N244 application and add the additional amount to the total claim amount.

[CMan007]

Is it correct that I will be amending my statement of case.

[CMan007]

Ah yes, so for question 3 on the form I'll add something along the lines of: "(2) The claimant would like to change the total claim amount from to £xxxx."

Then I will elaborate in the evidence box section.

[JK2054]

Yeah or you might want to do a witness statement at this stage so you can write more than just hte box

[CMan007]

Do I need to substantially elaborate the reasoning in depth for changing the claim amount? I might have enough space in the evidence box to articulate my reasoning.

[JK2054]

You will need to provide good reason, but nothing too huge, because the reality is you will have to prove the amount at trial.

Think about when you start your claim, you just add the reason there, its the same principle.

[CMan007]

I think I need to write more than the box provided. Is there a specific form or template for the witness statement? Can I write it on a blank page?

[JK2054]

Yea just google about witness statement formats they're all teh same really.

[CMan007]

I can't seem to post here

[CMan007]

Alrighty it seems to work now.

I sent off my N244 application and witness statement over the bank holiday weekend and just received an email saying that they want me to send three copies of the application and witness statement. The Court doesn't have e-filing. It also mentions if the court doesn't have a hearing listed in the next 10 days the Court will not print them.

They didn't mention this when they called me to collect payment when I initially sent it off. This is either a generic email or they want my application to have a hearing despite me specifying that I don't want it as a hearing.

[JK2054]

post up the email you received.

[CMan007]

xxxxx CIVIL Court does not have e-filing.

The Court requires 3 x copies of the application and all supporting documents/exhibits. If there is NO HEARING LISTED in the next 10 days the Court will not print them.

You will need to send the same to the Court in hard copy via post/DX.