Errors on small claims form

[MrsLC]

Hi, I'm concerned that I've made a few errors on my small claims form - little ones such as not putting '-limited company' after naming the company as the defendant, but also I've referred to an ongoing police investigation into the company in the particulars of claim which doesn't really have anything to do with my case. The claim has now been issued - what should I do? Are these serious-enough errors to warrant filling in an N244 form? Can I even do that now it has been served? And should I have named the proprietors of the business rather than the business? A bit worried now!

[Amethyst]

Re: Errors on small claims form

Hi

You would be right to issue the claim against the company name if it is a limited company.

To amend after service would need either the permission of the other side or permission of the court , and yes will require an application.

The police investigation if not directly relevant, yes should come off - ummm did you use the claim form as a bit of a rant ?

Only way to know if you need to make an application would be for you to post the particulars of claim you send up here ( redacted personal info ).

Sharon
xx

[MrsLC]

Re: Errors on small claims form

Hi, that's a big help, thank you. This is what I have submitted as the particulars of claim:

I provided a copywriting service for the
defendant which they have not yet paid for.
The defendant has told me that they will pay
when they have the money but that they don't
currently have the money. I believe there is
an ongoing police investigation into fraud in
relation to this company.
Please note that the claim amount is made up
of £1400 for services
provided (4 days at £350 per day).
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 14/11/2015 to 05/01/2016 on
£1,400.00 and also interest at the same rate
up to the date of judgment or earlier payment
at a daily rate of £23.83.

Thanks.

[Amethyst]

Re: Errors on small claims form

Ok other than the police investigation bit that would be fine as a basic moneyclaim.

You don't state when you did the work or how long the payments have been overdue for - or on what basis you worked.
Are you self employed as a copywriter ?
Have you invoiced the company for the work ?
Do you have copies of the invoices ?
Did you send a letter before action ?

The daily rate of stat interest is wrong ( that would be bonkers lol ) - I thought the MCOL service worked that out for you these days?

[MrsLC]

Re: Errors on small claims form

Argh! Ok, thanks. What would be the best form of action now that details of the claim have been issued to the defendant?

[Amethyst]

Re: Errors on small claims form

Well you could apply to amend, or you could wait and see what happens and react to that - they might apply to strike out the claim, in which case you can counter with an application to amend, or they might ignore it, or admit and pay, or submit a defence. I think the court are quite used to the interest calcs being wrong - it's more likely to be 23p than £23 so that isn't fatal at all just will need correcting later.

How certain are you of this police investigation into fraud ? - presumably you've mentioned it to show the court that they have history not paying people?

[MrsLC]

Re: Errors on small claims form

Well you could apply to amend, or you could wait and see what happens and react to that - they might apply to strike out the claim, in which case you can counter with an application to amend, or they might ignore it, or admit and pay, or submit a defence. I think the court are quite used to the interest calcs being wrong - it's more likely to be 23p than £23 so that isn't fatal at all just will need correcting later.

How certain are you of this police investigation into fraud ? - presumably you've mentioned it to show the court that they have history not paying people?

Thanks again - a massive help. I am 100% certain of this police investigation - the client told me herself. Yes, I mentioned it to show the court that there are other factors at play with regards to non-payment.

I think I might just wait and see what happens. I can't really afford to pay another £155 to amend the claim or to pursue it any further if they say they can't pay/declare themselves bankrupt.

But thanks again for your help - is there anything I can do to assist you in terms of flagging up your help on social media etc?

[Amethyst]

Re: Errors on small claims form

That makes sense. I reckon just wait and see what the response is from the claimant and come back on this thread if you have any further questions at all xxx

They have 14 days from service to acknowlege the claim, if they do that, they have 28 days from service to defend. If they miss those deadlines you can request a default judgment.

If they are on the verge of bankruptcy then it may well just go to default judgment and you'll then have to deal with enforcement to try and collect the money. I think you'll need to be quite prompt in that case to have any hope of retrieving what you are owed.

But thanks again for your help - is there anything I can do to assist you in terms of flagging up your help on social media etc?

That would be great, thank you xx