Online Claim Forms

[simeon1964]

On the online claim form,  I forgot to tick the box that Particulars of claims will follow within 14 days. However I forwarded the PC to the Bulk centre  within time but the defendant says that  I cannot rely on the particulars of Claim.

What should I do as the case is small claim and not be allocated to any court yet.

[dx100uk]

think you need to expand on this story please

 

and how are the defendants contacting you with this refusal?
 

[simeon1964]

Thanks dx100uk, I have sent copies of  PC to the defendant and had responded that ': ( Your claim form also does not say that detailed particulars of claim would be following separately (see Practice Direction 7A paragraph 6.2 and Rule 16.2(2)  of the Civil Procedure Rules).  You are therefore not entitled to rely on the particulars of claim.') The defendant contacted via email same way I sent out PC by email.

[AndyOrch]

Read from 5.1 onwards....this is what you should have done.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#2.1

 

As for failing to tick the box re separate particulars you will have to speak to MCOL ...you may have to make an application to seek an extension of time for service or possibly discontinue the claim and re submit...worse scenario an application for relief from sanctions should the defendant make application to strike out your claim.

 

Andy

[simeon1964]

Would I be able to discontinue the claim by making application to the Bulk Centre or wail till its allocated to the court.

[AndyOrch]

Depends on the value of the claim......you can be liable for costs if you discontinue a claim once allocated to Fast Track.If its SCT then then its fairly safe to discontinue before allocation...subject to what the defendants Sols ( I assume they have representation ?) have done so far ...but from reading your initial post and what they have  ...be careful they are on the ball and maybe safer to disc after allocation.