Money claims online

[Batista230]

OK for those of you who don't know. This is the online procedure to take someone to a civil court

I have google "Money claims online FAQ" and stuff, but I am still unable to find the answer to my question

If I issue a claim against someone can I later down the road make an amendment to the claim by way of increasing the bill?

Thanks

[HannahHerts]

Re: Money claims online

See the top of the FAQs on this document. You would have to make an application to the judge and pay a fee to make any changes to a claim.

Much better to get all your facts right before you submit the claim.

http://www.justice.gov.uk/downloads/...tart-guide.pdf

[CLL1]

Re: Money claims online

As ever, much will turn on the facts of the case, but bringing a second claim for an additional amount/invoice might work.

[HannahHerts]

Re: Money claims online

As ever, much will turn on the facts of the case, but bringing a second claim for an additional amount/invoice might work.

Can you do this if it's the same person and the same issue? What if it brings the claim over £10,000? Would you have to pay two lots of fees?

I'm bringing a claim at the moment and it would be very convenient if I could break it into smaller claims (although maybe not so convenient for the defendant!)

[charitynjw]

Re: Money claims online

It used to be that if the overall issue is fairly simple & could be heard in one day, you may still be able to ask for a voluntary referral to SCT even if the total exceeded the normal limit.
Both parties would need to agree, & of course it is at the discretion of the court.

CPR PD 26.7(3) seems to be no longer applicable...... @rob or @des8 might be able to assist?

[des8]

Re: Money claims online

CPR part 17 applies https://www.justice.gov.uk/courts/pr...l/rules/part17

you need to use form N244

1: Complete form N244 Application asking the court for permission to amend the claim. You will need to pay a fee (application without consent £155) unless you qualify for fee remission (form EX160A)

2: It is preferable to attach the proposed amended statement of case to the N244

- you need THREE copies of the amendments
- You must strike through anything you are changing on the original claim in RED
- The new statement must be in RED/underlines in RED
- The new statement should be titled ' Amended Particulars of Claim/Defence under CPR rule 17.1(2)b dated XXXXXXXXXX'


I THINK!

[CLL1]

Re: Money claims online

Can you do this if it's the same person and the same issue? What if it brings the claim over £10,000? Would you have to pay two lots of fees?

I'm bringing a claim at the moment and it would be very convenient if I could break it into smaller claims (although maybe not so convenient for the defendant!)

You'd need to explain what the action is you're bringing. Is it one invoice for works you've done, for instance?

A solicitor suing his client, for instance, might get away with bringing separate claims for separate invoices, or lumping them into one. It's a fine line between reasonable and unreasonable, however.

[CLL1]

Re: Money claims online

CPR part 17 applies https://www.justice.gov.uk/courts/pr...l/rules/part17

you need to use form N244

1: Complete form N244 Application asking the court for permission to amend the claim. You will need to pay a fee (application without consent £155) unless you qualify for fee remission (form EX160A)

2: It is preferable to attach the proposed amended statement of case to the N244

- you need THREE copies of the amendments
- You must strike through anything you are changing on the original claim in RED
- The new statement must be in RED/underlines in RED
- The new statement should be titled ' Amended Particulars of Claim/Defence under CPR rule 17.1(2)b dated XXXXXXXXXX'


I THINK!

The fee for an N244 application would be £255.00, so on that basis, and if possible, it's likely cheaper simply to issue a further claims (subject to my comment above). Court fee of £185.00 would be applicable to a money claim value between £3k-£5k.

[des8]

Re: Money claims online

Unfortunately Batista 230 has not returned to this thread.
From his post I had the impression he only wanted to increase the amount claimed. not that there was the possibility of separate claims.
If the claim was for damages arising from a single incident (e.g. car crash) would he be allowed to issue further claims? Wouldn't the correct procedure be to request permission to amend claim?

[CLL1]

Re: Money claims online

Unfortunately Batista 230 has not returned to this thread.
From his post I had the impression he only wanted to increase the amount claimed. not that there was the possibility of separate claims.
If the claim was for damages arising from a single incident (e.g. car crash) would he be allowed to issue further claims? Wouldn't the correct procedure be to request permission to amend claim?

This is why I need to know what the subject of the claim is. Making separate claims is a practical solution to what I understood OP's problem was. An application fee may be more, including the costs of attending a hearing, than simply issuing a further claim.

If it's damages arising from a single incident, then there are only limited instances where you might be able to split claims (and even then, it's not encourages). e.g. a claim for PI, then later, once lossess crystalised, a claim for monetary loss, for instance.

I'm really just speculating here, so let's see what OP comes back with.