Particulars of Claim issued incorrectly

[burmafriday]

Hi CAG

 

I served a claim on a company through MCOL

I then sent my Particulars of Claim within the statutory 14 days but Unfortunately i messed it up.

I did not send the particulars of clam in the proper format .... with numbered paragraphs, statement of the case and statement of truth. I sent two invoices which were outstanding and a covering letter as my particulars of claim.

 

I have just realised my error, but i am out side of the 14 day time limit.

Claim was served on 25 July and I sent the incorrect particulars of claim on 05 Aug.

 

Can i send another Particulars of Claim in the required format?

OR - as " Supplementary Particulars of Claim" or " Detailed Particulars of Claim"

- all in proper format?

 

I need help and advice. How do i get around this pls? How can I Now

issue my Particulars of Claim

 

please get back to me as fast as possible.

thank you and regards

Burmafriday

[AndyOrch]

Particulars of claim

 

3.1 If practicable, the particulars of claim should be set out in the claim form.

3.2 Where the claimant does not include the particulars of claim in the claim form, particulars of claim 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 not later than 4 months from the date of issue of the claim form/B] (or 6 months where the claim form is to be served out of the jurisdiction).

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

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

 

Particulars of claim and certificate of service

 

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –

(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(2) file a certificate of service in form N215 at the County Court Business Centre within 14 days of service of the particulars of claim on the defendant.

6.2 The certificate of service may be filed by sending form N215 by email to [email protected]. However, the subject line to the e-mail must contain the claim number.

6.3 The claimant must file the particulars of claim at the court to which the proceedings are sent under paragraph 12.1 or 12.2 within 7 days of service of the notice of transfer by the court.

6.4 Where the proceedings are not sent to a County Court hearing centre under paragraph 12.1 or 12.2 and remain at the County Court Business Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#6.1

[burmafriday]

Dear Andy

thank you for your fast reply

 

 

[ 1 ] so based on the following from your post,

 

"...(2) within 14 days after service of the claim form provided that the service of the particulars of claim is not later than 4 months from the date of issue of the claim form/B] ..."

 

i can service the particulars of claim within 14 days after service or claim and no later than 4 months from date of issue of the Claim form.

 

this means i can go ahead and serve my particulars of the claim now.

 

[ 2 ] I must then "...file a certificate of service in form N215 at the county court court Business Centre within 14 days of service of the particulars of claim on the defendant..."

 

I thin I hv now got that right ??

 

thank you

BurmaFriday

[AndyOrch]

[burmafriday]

Hi Andy

thanks for the Thumbs up.

Still feel like a dipstick though

All the best/BF

[burmafriday]

Hi Andy

i hv completed my Particulars of Claim but i am thinking that should wait until they submit their Defense

what do you think?

They have acknowledged the Claim so they now have 28 more days to serve their Defense

which wll be a pack of lies anyway.

i have six more months...

or - should i serve salient details in my PC and then reply to their Defense?

whats your opinion? Pls advise.

Thank you

BF

[AndyOrch]

I would serve the the amended PoC now or soon as possible BF

[burmafriday]

Hi Andy

thank you so much for getting back tome.

yes will do today

All the best/BF

[burmafriday]

Hi Andy

I received a letter from the court which stated that

 

"as you have ticked the box on line when

you issued the claim to provide further particulars of claim to the Defendant

you must do so within 14 days of the claim issue date."

 

does this change anything? How does this effect me?

(i sent the POC on 26th as i found some errors and re-wrote it)

 

thank you so much

all the best

BF

[burmafriday]

H Andy

 

sorry Andy - is my assessment as below correct?

I am just trying to clarify

 

1. according to practice Direction 16, 3.2 (2) POC must be served within 14 days from date of Claim and ....within 4 months

2. According to PART 7, POC rule 7.4 (1)(b) applies ... which is 14 days .... but it states

 

in Part 7 - how to start proceedings - the claim form

POC is under Rule 7.4 (1) (b) where ...

 

Rule 7.4

(1) Particulars of claim must –

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

 

as its subject to Para 2, we check out para (2)... which states that ...."Particulars of claim must be served on the defendant no later than the latest time for serving a claim form."

(Rule 7.5 sets out the latest time for serving a claim form)

 

Rule 7.5 says ....if within Jurisdiction .....we have 4 months to serve POC

 

so Practice Direction 16 and Part 7 how to start proceedings ... The claim form .....both say the same thing..... 14 days and 4 months to serve POC

 

I just want to be clear in case they try to kick out my POC

 

thank you so much

Warm regards

BF

Edited August 30, 2016 by burmafriday
missed out "i" in "in"

[Ganymede]

H Andy

 

sorry Andy - is my assessment as below correct?

I am just trying to clarify

 

1. according to practice Direction 16, 3.2 (2) POC must be served within 14 days from date of Claim and ....within 4 months

2. According to PART 7, POC rule 7.4 (1)(b) applies ... which is 14 days .... but it states

 

in Part 7 - how to start proceedings - the claim form

POC is under Rule 7.4 (1) (b) where ...

 

Rule 7.4

(1) Particulars of claim must –

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

 

as its subject to Para 2, we check out para (2)... which states that ...."Particulars of claim must be served on the defendant no later than the latest time for serving a claim form."

(Rule 7.5 sets out the latest time for serving a claim form)

 

Rule 7.5 says ....if within Jurisdiction .....we have 4 months to serve POC

 

so Practice Direction 16 and Part 7 how to start proceedings ... The claim form .....both say the same thing..... 14 days and 4 months to serve POC

 

I just want to be clear in case they try to kick out my POC

 

thank you so much

Warm regards

BF

 

 

If you had issued the Claim Form only but not served it then you would have had 4 months from the date of issue to serve both the Claim Form and the PoC.

 

However, if you serve the Claim Form then you must also serve the PoC within 14 days unless the Court grants you permission to extend service of the PoC (unless that 14 days takes you outside of the limitation period).

[burmafriday]

Hi Ganymede

 

its great to see you. Thank you for your comment.

 

I set out the Particulars of Claim on the Claim form itself.... in the box

"Particulars of Claim" .... therefore, I do not think i need to send any separate P O C.

 

My confusion is... the following clause is shown immediately below

my text for Particulars of Claim

 

" I will provide the defendant with separate

detailed particulars within 14 days after service of the Claim form. "

 

this was auto inserted when i was preparing the claim.

- thats the thing.

 

I received a letter from the Court over the weekend which said ....

 

"...as you have ticked the box on line when you issued the claim, to provide

further particulars of claim to the Defendant, you must do so within 14 days of the Claim...."

 

Clearly I should not have ticked that box.

 

so should i write to the court and the Defendant and tell them exactly that??

 

its that clause that threw me which was why i was thinking i hv to send a POC

(to be honest I feel a complete eegit for not deleting it.)

 

what do you think?

all the best/BF

[burmafriday]

Hi Ganymede, Andy

pls will you get back to me

1. must i send a POC? .. can i just notify Court and Defendant that POC is in the Claim form

as i said in my first post - i did send a POC but it was not in the proper format.. which started this whole thing

(and guess that POC would be rejected)

 

2. If so should i apply for extension from court as per Ganymede's post #11

as the Claim has already been served by MCOL

3. and do I use N244 to apply for this extension?

 

apologies for this, and i would really appreciate your comments and help.

thank you

BF

[Ganymede]

I would just notify the Court and the other side it was a mistake and your PoC is already in the Claim Form and you have nothing further to add.

[burmafriday]

Dear Ganymede

thank you - Perfect

thank you so much

really appreciate your input.

all the best/BF

[burmafriday]

Dear Ganymede and Andy

how are you both?

just to update you - I have now sent a reply to Defence, Directions questionnaire and form N215

do i have to do anything more?

do i just wait for MCOL to assign a court for fast track?

 

is the other side allowed to submit a reply to my "reply to defence"

 

look forward to hearing from you

all the best/BF

[Ganymede]

Just wait for the Court. Might be up to 28 days at least so be patient.

 

Nope, no further replies permitted from either side.

[burmafriday]

Dear Ganymede

Thank you very much for your prompt reply

that's great

all the best

BF