Advice for a MCOL 2nd Claimant or file a new claim

[hannahjs]

Hi all,

Will try to keep the narrative brief:
I have raised a small claim against a blinds manufacturer and installer company on MCOL, this was raised as single person claim however I have listed both myself and spouse in the particulars of claim as claimants. The company has noted this back to me by email and saying that the claim may be invalid.

What would be the best action to take now

• raise a n244 application to the court to include my spouse as a claimant
• raise a n244 application to the court to amend the particulars of claim and only have myself listed as the claimant, my spouse would then act as a witness to the claim
• withdraw the claim and resubmit a new one either as a single or joint
• do nothing and perhaps the court will order that my spouse is added as a new party to the proceedings

Appreciate any advice, thanks

[Amethyst]

Re: Advice for a MCOL 2nd Claimant or file a new claim

I think we'd need to see the particulars of claim submitted. Is there any reason why both of you need to be claimants ? eg. did you pay half each ?

[hannahjs]

Re: Advice for a MCOL 2nd Claimant or file a new claim

I think we'd need to see the particulars of claim submitted. Is there any reason why both of you need to be claimants ? eg. did you pay half each ?

I guess no other reason other than it is our house that the blinds are for and we were both present during the negotiation. I paid the deposit from my account.

The company, after 8 weeks of waiting had put the order on hold (no reason stated), and we only found this out after them missing the installation date, They then started a conversation about a new price from us. We then realised that they had never sent us a contract and then after days of trying to agree a new price, with no detail from them we cancelled the order. We are trying to get the deposit back which is what the claim is for as the company is refusing to return it as they are stating the cancellation was after the 14 days. They also say that they will counter claim against us for the whole price - but not seen anything from them yet.

I don't want to get so far down the road to find out that the claim was invalid and I will have to start it all again.

[Amethyst]

Re: Advice for a MCOL 2nd Claimant or file a new claim

Okay you might need to amend but it does really depend what your particulars of claim says. Claimant should really be the person that paid the deposit ( so you ).

[hannahjs]

Re: Advice for a MCOL 2nd Claimant or file a new claim

to amend them is that through the n244 route and paying the £255 ? If so, I think I will withdraw the claim and start a new one with only me

[Amethyst]

Re: Advice for a MCOL 2nd Claimant or file a new claim

That could cause difficulties. When is the defence due to be filed ?

Would you be able to post up your Particulars of Claim so we can see if you NEED to amend, or if the defendants are just being a pain.

[hannahjs]

Re: Advice for a MCOL 2nd Claimant or file a new claim

difficulties ?

We served the papers last week and they acknowledged this Monday, I am assuming that they will take the full time to prepare their case.

The particulars of claim are 4 pages in length here is the front and last page I block out our names etc.,
.

[ostell]

Re: Advice for a MCOL 2nd Claimant or file a new claim

That's really a witness statement AND a particulars of claim (the final section) at the same time.

[hannahjs]

Re: Advice for a MCOL 2nd Claimant or file a new claim

ok great, but back to my original question - any thoughts on should I amend the claim, withdraw and start over or do nothing and see what happens?

[hannahjs]

Re: Advice for a MCOL 2nd Claimant or file a new claim

so I suggested that when they file their defence that we would adjust the documents to have me listed as the sole claimant, in the particulars of claim - I got this response in return

Unfortunately it will not be possible to deal with the claim as you suggest. If you do not agree to amend the Claim to include Dxxxx as a joint Claimant it could invalidate your claim, I would urge you to take your own advice on this. We are happy to consent to such an application if it is made before we file our Defence, we will not consent to any application to amend your Claim after our Defence is filed.

You do not have a right to amend any documents at the stage of filing a Directions Questionnaire without the permission of the Court, and if we do not consent to such an application for consent it is likely to cost you more (as the court fee for the application is higher) and there is less chance you will obtain the permission of the Court.

In any event if you do not agree to Dxxxx being added to the Claim as a joint Claimant we will in any event join them to the Claim as a Third Party joint Defendant to our Counterclaim. This will not alter your own potentially defective claim, but will secure our own position.

It would seem to be in the interests of all parties for Dxxxx to be added to the Claim as a joint Claimant at this stage rather than later. Please advise whether you agree to join Dxxxx as a joint Claimant now or if your position remains unchanged.

Starting to feel I am way out of my depth now ....