Money Court Claim increasing the amount from a fixed to variable

[flowerCR]

Hi, can anyone advise how to change the particulars of a claim(or the relevant procedure) from a fixed amount to a variable amount without restarting the whole process of a money claim court. Please note that the defendant filed an appeal to set aside for non attendance and the case is being rescheduled for a hearing.

[R0b]

Hello

Is it an appeal against a decision to refuse to grant the set aside or an application to set aside or are you saying that the hearing has already been heard and the CCJ has been set aside?

[flowerCR]

hi
Thanks for your email - CCJ made a decision in the absence of the defendant and made an order for monies for the defendant to pay. The defendant then appealed and according to the court (who have yet to process the order and reschedule a hearing - therefore have set aside previous decision) and therefore I would like to ensure that at the new hearing that I am able to claim for both case law(breach of contract) and lost days of work that where not included in the original decision. How do I go about it?

[flowerCR]

the latter

[R0b]

If the CCJ is set aside and a date for a new trial hearing is yet to be scheduled, you would need to seek permission from the court to amend your claim at a cost of £255. Ideally, you should have asked the court to at the set aside hearing to amend your claim to include new particulars. As your going to be further down the line of the court process, it's possible that any amendment to your claim means the defendant will have to amend his claim, and you could end up paying his costs of doing so.

Secondly, the court will want to know why this wasn't included originally in your claim, and if you are seeking to claim an unspecified amount then it might be considered an abuse of process because you haven't paid the correct court fee. Unspecified amounts attract a fee of £10,000.

If you still want to go ahead in light of the above, you would need to send the original particulars of claim but strike through the document showing what has been deleted and in colour (usually red) to the changes that have been made. You should also have as the heading "Amended Particulars of Claim"

[flowerCR]

Thank you for the post. I did however seek permission before the CCJ via email. However, the email was not answered and the judgment did not take it into consideration even I though mentioned it during the court hearing, the amount was that of the original claim. So tots gratefully for the above however since there is another trial, what is the specific form(number) with regards to requesting permission that needs processing?.

I appreciate you. tots

[Amethyst]

N244 https://www.gov.uk/government/public...ication-notice

1: Complete form N244 Application asking the court for permission to amend the claim. You will need to pay a fee (application without consent £255) 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'

Relevant CPR & PD
https://www.justice.gov.uk/courts/pr...l/rules/part17
https://www.justice.gov.uk/courts/pr...rt17/pd_part17

[flowerCR]

So I will seek permission following the above and not request an administrative order N92.

Grateful for the advise and direct links. Totally, thankful.

[Amethyst]

N92 is an application for an Administration Order if you are in debt and want time to pay.

[Amethyst]

Just to check - the lost days of work are directly due to the breach of contract, not due to dealing with the court claim/hearing aren't they ? ( otherwise they'd be costs )

[flowerCR]

thank you for differentiating - it is for both. So to clarify the amended POC which I will vary a reflective amount of the days covering the breach. If not hiring a lawyer the court considered my time and request for costs part and parcel of the procedure I was initially awarded travel only. Hence why I wanted it included in the amended particulars of the claim.

[Amethyst]

Okay, if you asked for costs and they weren't awarded then I'm afraid that's that - small claims is normally just travel / parking / if you had half day off work to attend etc - not often over £90 for a LIP.

The only things you could include in any amended claim would be for any lost work directly attributable to the breach of contract.

[flowerCR]

And the attributable cost of Donoghue v Stevenson case law for breach of contract, I can now retrospectively amend the amount to be included for the subsequent last hearing, when granted permission.

[flowerCR]

Hi - Can you please advise with regards to correcting the amount on the claim for If I am entitled to a full refund of monies paid under consumers right act, damages to make good the works and standard £500 for breach of contract. And where on the form do I list the attributable costs of travel /wk

[Amethyst]

The costs directly attributable to the breach of contract would go within the claim, any costs attributable to dealing with the claim/litigation would be requested as costs ( other than the court fee which is automatically included )

Currently you have a Judgment and the defendant has filed for a set aside ? If he gets the set aside then the claim proceeds. When you attend the set aside hearing you can tell the Judge you intend to apply for permission to amend your claim ( new information come to light since obtaining the original default judgment ) ( the application would be N244 with a copy of the proposed amendment as per R0bs post #7 and my post #5 above)

What's the 'standard £500 for breach of contract' from ? Was there any personal injury etc ? Negligence ?

It might help us be able to help you if you could give a bit of background to the case so we have an idea where you're coming from.

can now retrospectively amend the amount to be included for the subsequent last hearing,

No you can't.... the time for asking for an award for costs was at the hearing.