Claim Additional charges after judge gave a stay

[masterchef]

I successfully took Cahoot to court for £738. However between the date of the submission to MCOL and the court date I was charged a total of £150 in charges for exceeding my overdraft. I was sure I read somewhere that you are entitled to claim the charges back for this period so Cahoots settled 7 days before the hearing date ( £738 ) but I attended court and presented the evidence to the judge who then stated that because Cahoot were not there to represent themselves and the charges in questions are unsubstantiated he would place a 1 month stay on the matter. This was followed up by a letter from the court stating

 

Stay action for 1 month to enable the defendant to consider and respond to the claimant's additional claim for £150.00 in respect of additional charges between 5.9.6 -5.1.7, leave to the claimant if advised after expiry of stay, to amend the claim form and leave to Defendant if advised to file an amended defence.

 

I then received a letter from Cahoot saying

 

We write further to the court’s order of 5th January 2006 which refers to your additional claim for £150.00 in respect of additional charges.

 

We would remind you that we settled your claim in full at the end of 2006 and we enclose a copy of the letter and cheque that was sent to you.

 

Given this, we do not consider that you are able to amend your claim as that claim has now been settled. Any additional charges can only be claimed by issuing a new claim.

 

We are also writing to the court to explain this. .

 

This confused me as it seemed to contradict the judge’s permission so I called the court to ask for guidance on the next step. I was told that I would need to write a letter to the judge in the case to ask for guidance. In writing this letter I would like to quote the information I found regarding tasking for the extra charges, can anyone point me the right direction or give me some sage advice?

 

Thanking you all in advance.

 

IJS

[masterchef]

Hi

 

Is there anyone there can give me some advice on this? I need to do something soon as time is pressing.

[masterchef]

Thanks all

 

Its nice to know I can rely on this forum for help!

[mrsfoot]

Sorry masterchef, people have been really busy on here today, so ill pass the link to someone who can help with this and see if we can get an answer for you.

 

Sorry but i just dont know the answer to your question

[Guest Mumofthreeboys]

You can only add further charges to your claim after submission to court if you amend it by filing an N244 and paying £35 (this is non-recoverable).

 

As you did not do this (please correct me if you did) they have settled your claim in full. You can only ask them to consider paying you the other £150.

 

If you now wish to claim the £150 you will have to begin another claim.

[masterchef]

Thank you!

 

With the judge saying I can amend my claim it confused me.

[Glenn UK]

Hold on guys, the order from the judge gives the claimant the option to amend the claim and the defendant to enter a revised defence.

 

Did the Court know that they had paid up the full amount of your particulars of claim when you went before them?

 

If they did then write back to the bank and tell them you will amend your claim unless they settle. MOTB is right you would amend using N244. You should also send them a copy of the order with the relevant bits highlighted.

 

If the court didn't know then withdraw your claim and then submit a further claim for the new charges.

 

JMHO

 

Glenn

[masterchef]

OK if the bank reply which i think they will (sod off!) I need to fill in the N244 form, but this will cost £35 which i cannot recover? the judge knew they had paid the original claim amount but after I explained the extra charges between the submit date and the court date he gave me the stay for 1 month. I gather then that now this month has passed I can no longer amend my claim and i will have to start a new one.

 

Is this correct?

[Glenn UK]

did you post before that the 1 month has expired and when did it expire?

[masterchef]

Hi

 

The date the stay started was the day in court 05.01.07. I did not send a letter to cahoot as I waited for the letter confirming the details the judge had said,(see above) obviously Cahoot got a copy hence why they sent the letter back refusing to pay(also see above) Hence why I am confused.

[Glenn UK]

when did you get the resposne from cahoot?

 

And was this in response to your letter or simply the courts order?

[masterchef]

I recieved cahoots response on the 1st feb and the letter was in response to the courts letter

[Glenn UK]

Personally i would ring the court and explain that the bank have failed to settle and can you amend the claim in line with the judges directions?

 

Seems to me that the alternative route is to tell the court the case is closed and to submit a further claim, this would suit the bank but not you nor the court i think.

 

For future reference i wouldn't leave it this long between the end of the stay and taking further steps but you are where you are and no point in worrying about it now.

 

The court may allow you to carry on an amend the claim if they do i don't see that the bank have any choice, incidentally part of the protocols for court procedures is that both parities must act in good faith.

 

It would appear to me that to keep adding charges is not acting in good faith, depending on the reason for those imposed charges they may argue that you haven't acted in good faith either.

 

JMHO

 

Glenn

[JonCris]

Submit another ammended POC as per the order. Send it to the court with a copy of the order stating that your acting on the instruction of the court