incorrect amount in particulars of claim already submitted

[robpol55]

I have been looking through the 119 separate charges on my 200 pages of bank statements and have found that one charge was missed off and 2 charges were entered incorrectly. The net result is that the charges should amount to £3514 instead of £3535. Should i do a formal amendment of the claim or just let it go and admit to clerical errors later. I am not claiming interest.

[The cobbett slayer]

Strictly speaking you should amend your POC to the correct amount. As you have already submitted it, this amendment will cost you £35 which you cannot recover. You could try writing to Cobbetts after they acknowledge the claim and see if they will accept amendment by consent and that in the event of judgement being entered you will draw the error to the attention of the court. The problem with this is that they could try and use it as a grounds to have the claim struck out. It's unlikely they would succeed but it would be time consuming.

 

I'm interested to know why you are not claiming interest. If you have followed the proceedures and given Natwest chance to settle before issuing your claim through the court, you are entitled to claim interest under sec. 69 of the County Courts act at 8%. Not claiming it is leting them off the hook. They have had your money for a period of time and would have had no hesitation in charging you interest on your overdraft.

 

Paul

[robpol55]

Many thanks for your help. I have prepared the forms and will send them with the cheque for £35 to Northampton County Court. I actually spoke to them and they e mailed me the forms with instructions on how to complete them and have also phoned them to confirm they have beencompleted correctly. The money claim online phone centre are always very helpful indeed. As regards not charging interest this was simply on the basis that whilst the bank may have benefitted i have not lost since its extremely unlikely i would have earned any interest on the money the bank have kept from me. So my concern is simply to reclaim the bank charges otherwise i would feel i would be profiteering in the same way as the banks do.

[robpol55]

Hi Paulshieber, many thanks for your help on this. Can i just check with you, Cobbetts have already given notice that Acknowledgement of Service has been filed. I need to re serve Claim myself so should this go to Natwest the defendant or to the solicitors given that Natwest has already instructed them.

[The cobbett slayer]

Natwest have now appointed Cobbetts as their representative so any further correspondence should be directed to Cobbetts.

 

Paul

[robpol55]

Fantastic Paul thankyou for replying so quickly

[robpol55]

Paul i have now sent off the forms and £35 to change the original Particulars of Claim. On the MCOL site the status is still Acknowledged(07/12/2006). Should i advise Cobbetts now what i have done or wait until the Court has sent me back the re sealed claim and then re serve it on Cobbetts with the necessary forms.

[robpol55]

Can anyone help with this . I have now sent off the forms and £35 to change the original Particulars of Claim. On the MCOL site the status is still Acknowledged(07/12/2006). Should i advise Cobbetts now what i have done or wait until the Court has sent me back the re sealed claim and then re serve it on Cobbetts with the necessary forms.

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[robpol55]

Can anyone help with this . I have now sent off the forms and £35 to change the original Particulars of Claim. On the MCOL site the status is still Acknowledged(07/12/2006). Should i advise Cobbetts now what i have done or wait until the Court has sent me back the re sealed claim and then re serve it on Cobbetts with the necessary forms.