Can I amend court claim? PLEASE REPLY BY WEDNESDAY 25TH JULY!

jacquief

I have submitted a claim which Nat West are defending. There defence is that I am claiming for over 6 years. This is a mistake on my behalf. I have claimed back to Decemeber 2000 because I originally requested copy bank statements from Nat West in December 2006. Time had passed by the time I submitted the claim and mistakenly claimed for too long a period.:mad:

My question is this: Can I amend the claim or do I have to drop this one and start a new one which will cost me my original fee?

Please reply by Wednesday 25th July!

I look forward to receiving your replies. Many thanks.

lindilou39

jacquief wrote: »

I have submitted a claim which Nat West are defending. There defence is that I am claiming for over 6 years. This is a mistake on my behalf. I have claimed back to Decemeber 2000 because I originally requested copy bank statements from Nat West in December 2006. Time had passed by the time I submitted the claim and mistakenly claimed for too long a period.:mad:

My question is this: Can I amend the claim or do I have to drop this one and start a new one which will cost me my original fee?

Please reply by Wednesday 25th July!

I look forward to receiving your replies. Many thanks.

YES you can amend....can i ask....did the defence state it denies the claim in its entirety as you have claimed beyond the Limitation Act....if so i have a an amendment for you to copy, this was drafted by a solicitor..

Application Notice (you will need to go onto mcol and fill this out) forms can be found.

Part A
I your full name in caps intend to apply for an order ( a draft of which is attached) that The Claimant be granted permission to amend the Particulars of Claim in accordance with the draft hereto, with the amended Particulars of Claim being re-served upon the Defendant.

because (3)

The Claimant wishes to fully particularise its claim against the Defendant and to remove part of the claim that is statute and barred under the Limitation Act 1980. The claimant also seeks to set out her entitlement to statutory interest pursuant to S69 of the County Courts Act 1984.
The Claimant believes that Amending the Particulars of Claim will assist the Court in dealing with this matter.

part B is your signature and date

Part C

I wish to rely on the following evidence in support of this application.

A Claim Form was issued on ...DATE... to recover bank penalty charges deducted from my bank account by the Defendant. The Defendant filed a Defence dated .....DATE ... disputing the claim in its entirety but at point 9 of its Defence, it was stated that an element of the claim was statute and barred under the Limitation Act 1980 and that the Particulars of Claim did not set out how the sum claimed was calculated.

I, being a layperson, was unaware of the provisions of the Limitation Act 1980. As this has now been brought to my attention and in order to assist the Court in determining the facts, I seek permission to amend the Particulars of Claim to remove the statute barred element of the claim and to fully particularise its claim for repayment. The principal sum claimed has been reduced to £....... and a breakdown of the debt is annexed to the Amended Particlars of Claim.

I also seek to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8%. A full calculation of the interest claimed is set out within the amended Statement of Case. An amended Particulars of Claim detailing my claim for repayment of bank charges is attached hereto.

sign and date this document

you must dig out your original claim cross out the amounts with a red line and in red along side the original amount put your new amount in..like this

Amount Claimed..£3000 2800 but put a red line thru the black amount.do this also with the total amount.
Under the bit where it says Particulars of Claim where you have put your dates in, again a red line thru those then in red pen underneath write..see amended Particulars Attached.
On your new spreadsheet of charges which is ALL IN RED On the top type Amended Particulars of Claim.

At the bottom type...Interest is Claimed pursuant to S69 of the County Court Act 1984 and continuing interest at 8% from the date of the claim to the date of Judgement or sooner payment at the daily rate of £0.blah blah pence...

hope that assists any further probs let me know

Lin

Edinburghlass_2

My query would be who has the defence come from and are they asking you for further information or as lindilou says are they asking for your claim to be struck out because of these charges?

If it is a copy of the defence you don't actually need to reply to this but if it has come from the court then you must.

lindilou39

she will still have to amend the claim at some point Edinburghlass...I asked my friend this question as I have done exactly the same in naiveity..I am awaiting reply from the court at this moment and my defence states the same.i Think alot of us are claiming from -to and not taking into consideration the date of issue and this is where the solicitors are picking up on, i stated on my claim that it was from march 2001 - march 2007 my date of claim was 4th may so therefore they have stomped on the Limitation Act 1984..this is why my draft of particulars was put forward...she said...as your amounts differ to others that do have their amounts right and are in pursuant...you will have to amend so may aswell do it now and put it before the district judge...This is free legal advice Edinburghlass, she is a litigant specialist..

Lin

Edinburghlass_2

Fair enough I just question the fact that a date is given and I wonder if the bank's solicitor is pressurising her and if there is more detail given in the letter/defence she has received.

lindilou39

well am not too sure on the whole detail myself...what she gave was brief, but this was what my solicitor did for me...(she,s my bested mate of 35 years and its good to have her) but in hindsight personally I would have waited to see what the court ordered in her case she,s only had a defence put in, basically which is all I have, I phoned northampton combined courts week ago and was told it was to be sat before judge murdoch without hearing, they advised do nothing till the judge orders but even if he did order a possible strike out or strike out unless further evidence be supplied, she like me will still have to amend the claim because her original claim form has to show before and after amendments..

Lin

jacquief

Thank you so much for your replies, they are really helpful and we appreciate you taking the time to respond so fully.

The defence states that 'the Defendant will apply to strike out this aspect of the claim and/or summary judgement' in respect fo the Limiation Act 1980. I don't know if this means they are striking out the whole of the claim or just the part that is before the 6 years.

They also state that 'The Defendant is embarrassed by the lack of particularity pleaded in the Particulars of Claim to the extent that the Particulars of Claim fail to disclose reasonable grounds for bringing a claim against the Defendant. In particular the Particulars of Claim do not disclose any legally recognisable claim against the Defendant.' We assume that this is the Unfair Terms In Consumer Contracts Regulations which we did not state in the original claim. We put it in a covering letter to Nat West but not in the actual claim. Can we add this to the claim and if so is the wording any different from the original Martin Lewis advice for letters to the bank?

We look forward to your replies and many thanks again.

Edinburghlass_2

The embarrassed by the lack of particularity bit is covered in this thread and you need to send them off post 120 by Rex_Mundi ....

http://forums.moneysavingexpert.com/showthread.html?t=415574&page=5

However, I'm still concerned if this letter has come from the solicitor or the court.

Edited to add, by that I mean you don't need to reply to a defence or any letter from the solicitor by any given date. The defence is what the judge should consider in court. However, if, as it appears, your claim in inaccurate and your POC is inadequate then you should submit new and further details to the court and copy to the solicitors.

jacquief

We had letters both from the Solicitors and then also from the court. The court's letter was dated 12th July but we did not receive it until the 19th July as there has been industrial action with Royal Mail recently. Thanks for your reply, we are sending the amendments today.