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Amendment to claim against Evans Halshaw

Karen._2
Karen._2 Posts: 26 Forumite
Can anyone tell me what the latest date is that I can make amendments to my claim against Evans Halshaw? The defence deadline is currently 10th March 2011. They have agreed to some parts of amendments but not all.
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Do you mean a county court claim?

    If so, depending on the amount you are claiming you might want to just start again.

    To make changes to your claim you will need to apply to the court. This costs £40 (not refundable, whatever the outcome of your application).

    As the application might fail, you might be better just abandoning the original claim (meaning the issue fee you have paid is lost) and starting again.
  • Karen._2
    Karen._2 Posts: 26 Forumite
    It's the small claims court if that's the same thing. The part they disagree to is added costs due to their further action.
  • Karen._2
    Karen._2 Posts: 26 Forumite
    Quentin wrote: »
    Do you mean a county court claim?

    If so, depending on the amount you are claiming you might want to just start again.

    To make changes to your claim you will need to apply to the court. This costs £40 (not refundable, whatever the outcome of your application).

    As the application might fail, you might be better just abandoning the original claim (meaning the issue fee you have paid is lost) and starting again.

    For what reason may an application fail?
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    I've had a read through of your previous posts and your blog, what changes do you want to make?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Karen._2
    Karen._2 Posts: 26 Forumite
    I want to add costs of attending an inspection requested by them for an independant mechanical engineer inspection, I'd told them I would be claiming costs for closing my business 12 days before date. I travelled the 32.5 miles to location where axle was stored and had chance to check my email, they sent me an email one hour prior to inspection time to say they wouldn't be held responsible for my expenses! Bare in mind I offered them an inspection in September 2010 which was declined.

    Plus amendments shows their bullying tactics which I want to add that have been done since my claim was given to the courts.

    They agree to amendment of an error in cost paid for parts and addition of this receipt.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Karen. wrote: »
    I want to add costs of attending an inspection requested by them for an independant mechanical engineer inspection, I'd told them I would be claiming costs for closing my business 12 days before date. I travelled the 32.5 miles to location where axle was stored and had chance to check my email, they sent me an email one hour prior to inspection time to say they wouldn't be held responsible for my expenses! Bare in mind I offered them an inspection in September 2010 which was declined.

    Plus amendments shows their bullying tactics which I want to add that have been done since my claim was given to the courts.

    They agree to amendment of an error in cost paid for parts and addition of this receipt.

    How much did this cost you?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Karen._2
    Karen._2 Posts: 26 Forumite
    Flyboy152 wrote: »
    How much did this cost you?

    On the coservative side £35 per hour. I was told it could take around 2 hours so with that plus 1 hour each way travel & I allowed myself 1 hour leeway = 5 hours @ £35. ( the business could take approx £30-£60 per hour) I based my figure on the previous weeks takings.

    However, in the end he was only there one hour.

    I work in my salon on an appointment basis, so although I was able to go back to work, I had no work!
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    You have to weigh up the benefits of either delaying the case any further, with the costs of the loss of profit for the half day. Because the argument will be centred around what your profit would have been, rather than your potential turnover; loss of profit is never easy to prove.

    I would recommend talking to the clerk of the court to establish what the consequences are of adding to the claim at this stage.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Karen._2
    Karen._2 Posts: 26 Forumite
    edited 3 March 2011 at 12:22AM
    Flyboy152 wrote: »
    You have to weigh up the benefits of either delaying the case any further, with the costs of the loss of profit for the half day. Because the argument will be centred around what your profit would have been, rather than your potential turnover; loss of profit is never easy to prove.

    I would recommend talking to the clerk of the court to establish what the consequences are of adding to the claim at this stage.

    Thank you for your advice, I will definatly do that. I am assuming that some of the info will be added in their Defence, do I get a chance to respond to that before it goes to court?
  • Quentin
    Quentin Posts: 40,405 Forumite
    You get a much bigger form to complete (after receiving the defence to the original claim).

    If you then decide to pay for a hearing you complete this with further details of your claim.

    But adding new amounts onto the original claim is not straightforward (though you will be offered the opportunity to ask for expenses incurred as a result of attending the hearing if you win).
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