Amended particulars have not been served..

[KatieFaire]

I have been taken to the small claims court, and at the last attendance the judge said there claimants case was unclear and gave them until 4pm yesterday to serve amended and final particulars.

Does that mean that they have to prove that they had to have posted this by 4pm, or that they have to have been sure it was served to the courts and to us? Last time the claimant did not send us a copy and we had to chase this up, probably not sent to us, in part because there were a number of untruths in there. We have not received this latest set of particulars. Can they keep not following protocol, and not send to us? Or might it be in the post?



Also if a company takes out a completely unfounded civil action against you, and then is consistently obstructive, can you have any recourse? It seems wildly unfair that we can be sued, with no basis - so it end up costing us in time, money and stress.

I really struggle to understand the legal process, so every directing towards a site that explains the process would be great.


Thank you for any advice that can be offered.
Katie

[Celestine]

Re: Amended particulars have not been served..

What type of claim is it against you?

They should have served the amended POC on the Court and you BY 4pm yesterday, but don't expect them to get smacked that hard for late filing.

[enquirer]

Re: Amended particulars have not been served..

I have been taken to the small claims court, and at the last attendance the judge said there claimants case was unclear and gave them until 4pm yesterday to serve amended and final particulars. Does that mean that they have to prove that they had to have posted this by 4pm, or that they have to have been sure it was served to the courts and to us?

The judge considers that the claim is unclear and has asked for clarification. This is to arrive no later than 4pm. The reference to final particulars is a warning - the judge is unlikely to let them have another shot at it.

If they have failed to comply, then the judge may then consider striking the claim out. You could also apply to have the claim struck out yourself (there will be a fee for this). This is often a good idea as the courts tend to move very slowly - something which may work in the claimants favour.

Once struck out, you may consider a claim for time, expenses, etcetera, against the original claimant. You would however need to have a very good case for this.