Explaining the particulars of my claim

[Leo1983]

I filed a small claims case online, where there is a character limit to explain the particulars of the case (1080 characters to be exact)

 

I was dismayed to find that when I had finally finished, part of my claim had been cut off.

 

I rang the MCOL helpline asking if this was a problem that would affect future court action, and the man on the other end of the phone told me not to worry, this was for the benefit only of the defendant, so that they would know what exactly I was claiming for, and that if the case went to court, I would have the chance to send in additional documents explaining my case fully then.

 

However I've now found out that there was a chance to send in particulars of claim, but it was 14 days after initially beginning the claim, which I am now past.

 

Is this something I need to worry about? Will my case automatically be dismissed because the court cannot fathom what has happened from my initial document? What should I do?

[SabreSheep]

When did you lodge claim?

[Leo1983]

August, so I'm way past the 14 day mark.

[citizenB]

What stage is the claim at?

 

Has the defendant acknowledged the claim and submitted a defence ?

 

Has the claim been moved from MCOL to a local court ?

 

 

Can you provide us with a little more information regarding the claim itself and the reason you have issued it - we should be able to help you.

[Leo1983]

Hello,

 

Yes the defendant has acknowledged the claim and submitted a defence (part of which was that the claim cut off towards the end actually). The reason I didn't think much of it at the time was because of what someone on the MCOL helpline had told me, and a second time I rang, another helper told me I'd have a chance to submit documents when/if I was instructed to do so by the courts.

 

The claim has now been transferred to a county court hearing centre for allocation, where a procedural judge will allocate the claim to track and make further directions.

 

It's not a consumer claim as such, it's against an ex-landlord, but there are very few forums that discuss claims of this kind, and even less people who use them.

A landlord offered me a room at a discount if I paid in advance. However, in our contract it stated that either party could give one months notice to leave. Unfortunately things turned sour and I asked to leave. He agreed to pay me back the remaining money I'd given, and has only paid half back (after repeated badgering), and payments stopped after a few months.

I have all our correspondence over email and I'm sure that once it's seen by the courts (which I've been waiting to do), I have a good case to get my money back. However, now I'm worried it may not even get to that.

[AndyOrch]

Particulars of claim

 

CPR6.1 Where the claimant does not include the particulars of claim in the claim form, they may be served separately:

 

(1) either at the same time as the claim form, or

(2) within 14 days after service of the claim form provided that the service of the particulars of claim is within 4 months after the date of issue of the claim form2 (or 6 months where the claim form is to be served out of the jurisdiction 3).

6.2 If the particulars of claim are not included in or have not been served with the claim form, the claim form must contain a statement that particulars of claim will follow 4.

(These paragraphs do not apply where the Part 8 procedure is being used. For information on matters to be included in the claim form or the particulars of claim, see Part 16 (statements of case) and Practice Direction 16.)