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Amend A Claim...help Please With N244 Wording!!


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Hi Guy's-

 

Please don't tell me off and...yes, I should know the procedure by now!

 

Basically, I have to amend my County Court Claim against Egg tomorrow...horror of all horrors.

 

This is the situation-

I initially sent off my DSIR request prior to starting the step by step procedure. However, when I received my Data info (late) some of the statements were difficult to read, meaning there were no transaction dates, just the statement date at the bottom of each statement, but I was able to ascertain the amount of charges and which statement month/year in which they were levied - e.g. october - novemember 2002.

Therefore, I eventually issued my CC Claim and worked out the dates of the charges based upon the statement month dates that I had been provided by EGG.

Recently I made an audit of my CRA credit files and discovered that I had been unfairly defaulted (whilst in dispute) I was not even aware of the Default as I had not been advised. Factually, I had served Egg with a S10 Data Protection Act Notice and further to that I also withdrew my consent from them to process my Data.

However, I was unable to reconcile the amount quoted Re: the Default (CRA) and thought that Egg must have piled on another charge?

 

I have been through all of my statements again and it appears that I have worked out my Claim incorrectly - meaning that...................................!

All of the charges that I am claiming year 2002/2003 should have been one month back. July should have been June, Novemeber should have been October etc.

 

Amazingly enough, the error although not really my fault does make quite a difference to my Claim.

 

I have rejigged my amended List of Charged which I will attach to Part C of my Application Notice requesting an amendement to my Claim, but am unsure of the required Court wording for amending a Claim?

can anyone help me with this?

 

Pleassseeee

Thanks

AC

ps my hearing has already been allocated to the small claims track - hearing date 29 January 2007

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I don't believe there is any set form of wording. Something like:

 

1. Tick c), without a hearing

Leave the rest blank

 

Part A

intend to apply for an order that:

amends my schedule of charges referred to in my particulars of claim

 

because:

there was an error in my schedule of charges referred to in my particulars of claim and therefore there is an increase/decrease in the value of my claim

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I agree, something i was recently advised, and i think its reasonable advice, is when trying to write something don't try to write it in legalese unless you are used to it.

 

Of course somethings can easily be cribbed from the site, when it comes to odd things we have to write it as best we can without trying to be Perry mason.

 

I used the N244 to apply for an order and used this approach ie i used my bestest English, when the judge deals with it i let you know if theres any problems ROFL.

 

Best of luck AC, please ask if theres anything i can help with.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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All Okay Guys-

Application Notice N244 - Notice of Hearing of Application

For Amendment to my Claim has been filed at Court today 10/01/2007-

No Problems - cost £65

 

The hearing of my application for Amendment To Claim will take place at the same time and on the same day as my Claim, which is 11:30 29/01/2007

 

Quite a simple process....so presumably the Judge will listen to the reasons as to why I wish to amend my Claim and then proceed with the claim itself.

 

Anyhow, basically the amendment wasn't as difficult as I had anticipated.

 

Just one more thing, does anyone know how much one can charge for stationary etc., relating to preparing the court bundle, as I have just spent £19 at Rymans on files, separators, paper, plus there will be the cost of photocopying my statements & correspondence.

 

Love AC

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As a thought, i intend to prepare a schedule of expenditure on my claims, if i get to court and get asked by the judge, when i win of course, then i know what to ask for.

 

Not sure if this is the right thing to do for SCC but i am working on it for my fast track claim anyway.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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1 Court fees

2 Fixed costs if a solicitor files claim

3 Expert fees up to £200

4 Expenses incurred by the party and witnesses, including reasonable cost of staying away from home foor attending the hearing.

5 Loss of earnings up to £50 per day.

 

So 4 looks a good bet for travel and incidental expenses, but all of the above are discretionary.

 

Further sums may be allowed if the judge comes to the conclusion that a party has behaved unreasonably.

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