Set aside help needed please

[Brenda52]

Hello

 

I consented to a set aside I had against a company who didn't reply at all to the claim from 12/12/15.

 

I understand that the claim will now go back to the beginning but I now need to amend my particulars.

 

I need to know -

 

1 Will there be a new issue date for the claim, or does the original date of the issue of claim, 12/12/15, stand?

 

2 Due to the claim now going back to the beginning I need to amend my particulars as things have changed, will I have that opportunity or are my original particulars from 12/12/15 still valid?

 

3 If I have to apply to change my claim will I have to pay?

 

4 I gather that the other party can consent to my new particulars, do I need a consent order for this and draw one up and file with the court? Also paying a fee?

 

Thanks in advance.

 

Brenda

[martin2006]

Hi Brenda and welcome to cag.

 

Firstly, could you you type up the original PoC for the team to look at, minus any identifying bits.

 

Explain what has changed since and why you now need to amend the PoC.

[Brenda52]

Hello Martin, thanks for replying.

 

It's a little difficult to post up my original POC without drawing attention to them

as I believe this company follow your website.

 

Could you not explain the more general questions, like -

 

1 When a default judgment is set aside, does the original POC stand or are they resubmitted by me as a matter of course?

 

2 The amount I claimed is not enough now and has risen 3 fold due to them terminating our agreement, I need to change that.

 

3 If I have to seek the consent of the defendant to amend my POC then I assume I don't need the permission of the court to do so?

 

4 If this is the case do I just file the written consent at court rather than make application to amend, as I wouldn't be seeking an application for anything, merely amending as per CPR?

 

Yours

 

Brenda

[dx100uk]

we have 1000's of posts here regarding/containing poc's

simply remove any pers details.

[AndyOrch]

Hello Martin, thanks for replying.

 

It's a little difficult to post up my original POC without drawing attention to them

as I believe this company follow your website.

 

Could you not explain the more general questions, like -

 

1 When a default judgment is set aside, does the original POC stand or are they resubmitted by me as a matter of course? Still stands

 

2 The amount I claimed is not enough now and has risen 3 fold due to them terminating our agreement, I need to change that. Yes..(application N244)

 

3 If I have to seek the consent of the defendant to amend my POC then I assume I don't need the permission of the court to do so? Do you need to amend it ? see above

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17/pd_part17#1.1

https://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/case-update-the-courts-approach-to-amending-particulars-of-claim-in-light-of-the-jackson-reforms

 

 

4 If this is the case do I just file the written consent at court rather than make application to amend, as I wouldn't be seeking an application for anything, merely amending as per CPR?

 

Requires an application..alternatively you can discontinue the original claim and re submit a further amended claim....but you lose your initial fee.

 

Yours

 

Brenda

 

Regards

 

Andy