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Amend Claim

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  • Amend Claim

    Hello

    I have sent claim form and now realise ( had problems with emails in junk folder etc as evidence of what i was owed) that the defendant company owe me less because i was contracted for vehicle insurance, so they do not owe me for refund of that insurance premium.
    So i am seeking advice any cost involved for amending the county court claim and any templates for doing so please.

    So defendant company £x amount not owed for x insurance but y amount owed to me for y equipment the defendant company say i did not return and deducted from my wages, but i did return equipment.
    Thanks
    *

  • #2
    It will cost you £255 to file an amendment, so why don't you just write to the defendant and confirm that after further review you will not be pursuing the insurance amount but the rest of the claim still stands. You can inform the court on the day of the hearing.

    Of course if you want to pay £255 to make a small amendment to the claim that is entirely up to you, and I would suggest you read CPR 17 and the Practice Direction too on how to go about this.

    https://www.justice.gov.uk/courts/pr...l/rules/part17
    https://www.justice.gov.uk/courts/pr...rt17/pd_part17
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    Comment


    • #3
      Originally posted by R0b View Post
      It will cost you £255 to file an amendment, so why don't you just write to the defendant and confirm that after further review you will not be pursuing the insurance amount but the rest of the claim still stands. You can inform the court on the day of the hearing.

      Of course if you want to pay £255 to make a small amendment to the claim that is entirely up to you, and I would suggest you read CPR 17 and the Practice Direction too on how to go about this.

      https://www.justice.gov.uk/courts/pr...l/rules/part17
      https://www.justice.gov.uk/courts/pr...rt17/pd_part17
      Thanks for reply Rob. As I live a couple of hundred miles from hearing court, which means lost day of work and train travel costs,* i think i will write to the defendants and say i consent to**setting*aside the CCJ on condition they pay me for x equipment deposit that they kept and they agree to pay their own cour t and legal costs ( i just read up on this excellent forum what i could do). And ask they send me a consent order to sign which i will get a solicitor to look at before I sign.* What your thoughts Rob thanks?
      *

      Comment


      • #4
        Did you file your claim online ?

        Once a claim has been defended it will be transferred to either the claimant or defendants local court.

        I would wait for the defence before doing anything - if the insurance issue is correct they should defend that element at least and you can accept that part of their defence but proceed for the remainder of the claim.

        Do you have evidence of the return of the equipment and that the withheld element of your pay was a charge to pay for non return ?
        #staysafestayhome

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        Comment


        • #5
          Originally posted by Amethyst View Post
          Did you file your claim online ?

          Once a claim has been defended it will be transferred to either the claimant or defendants local court.

          I would wait for the defence before doing anything - if the insurance issue is correct they should defend that element at least and you can accept that part of their defence but proceed for the remainder of the claim.

          Do you have evidence of the return of the equipment and that the withheld element of your pay was a charge to pay for non return ?
          Thanks for reply. Yes filed online and and now at defendants companies home city. No evidence of return of equipment,the company are restructuring and shambolic, just handed in equipment and i said "anything else needed to do" and they said no. "Withheld element of your pay was a charge to pay for non return" Yes stated on the statement to me. Looks like it will be Judge believing me or defendant corporation.
          Can I ask for any hearing to be transferred to my home city? I wish to supheona the person i handed the equipment too and the office manager who phoned me when they received the claim form insisting "you lost the equipment!!", also that call was evidence they had received the claim form when they still say they have not received the claim form " moved address.."

          Comment

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