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Small Claims Court
Have got a SCC date with regards to recovering an amount equal to the cost of repairs to my car. What I would like to know is -
Can I up the claim amount prior to the Court date ?. I have decided to go for the full value of the vehicle as the repairs are so costly it would be cheaper to scrap it.
Before anyone points-out the risks involved in taking a motor trader to Court, this guy is a sole trader so he can't just disolve the company & start afresh.
Can I up the claim amount prior to the Court date ?. I have decided to go for the full value of the vehicle as the repairs are so costly it would be cheaper to scrap it.
Before anyone points-out the risks involved in taking a motor trader to Court, this guy is a sole trader so he can't just disolve the company & start afresh.
Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)
0
Comments
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I highly doubt a judge would award you the value of the vehicle having scrapped it!0
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Have got a SCC date with regards to recovering an amount equal to the cost of repairs to my car. What I would like to know is -
Can I up the claim amount prior to the Court date ?. I have decided to go for the full value of the vehicle as the repairs are so costly it would be cheaper to scrap it.
If the cost of the repairs are more than the full value of the vehicle, how is that 'upping' the claim?And that my son, is how to waft a towel!0 -
Car cost £2100
Repair estimate was £1600 (value claimed)
Now discovered (since putting-in claim) one part will be £2500. Hence wishing to now reclaim full cost of car (repairs are yet to be done).Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0 -
Why not ask the people at the small claims court; I'm sure they'll tell you.0
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Have you served the papers in the traders personal name or his trading name.Be happy...;)0
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His trading name is his personal name.Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0 -
You will need to make an application to amend the particulars of claim to revise the amount you are claiming for.
Don't just pull the rabbit out of the hat on the day of the hearing as a judge probably won't be too happy to allow this and the defendant will just argue prejudice and that he has not been able to prepare for this and most likely get away with an adjournment of the hearing.
You will need to pay £45 for an application to amend the claim form for the new value, any amendments you make to your documents need to be underlined in red and 3 copies sent to your county court with the application fee.0 -
I'd have served it in his actual name - can get complicated enforcing a judgement otherwise if they make it difficult0
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As mentioned. His real name is the one he also uses for trading.
Will contact Court Monday for forms to amend amount being claimed. He'll end-up paying the fees anyway, so just adds to his costs.Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0 -
I wouldn't bank on the court automatically awarding you the fee to amend a claim you submitted incorrectly.0
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