My claim was worked out wrong please help

[corn flake]

Hi all,

Im after a bit of advice. My father worked out all of my bank charges before I had my computer and printer. my claim has been served and acknowledged via MCOL. Now I have my comp etc I have just worked out all the charges myself (up to tand from the same dates) as I needed to print off the bank charges interest claculations to send off to DG solicitors and have found out my father missed some charges, well £342.50 worth to be exact, my original claim was for £3198 plus interest but it now works out at £3540.50 plus interest which totals £4274.41.

Is there anything I can do to alter my claim? Is it worth me sending a letter to the solicitors telling them of the change in the total, but saying Im am willing to settle for the original amount. Or is it too late to do anything?

Tanya xxx

[jowalshy]

Hi corn flake. I am sure that there is a way to change the details of your claim, but unfortunately it will cost you, which cannot be recovered (I think it is about £35) Give MCOL a ring and explain the situation and they should advise you of what forms to fill in to change it

[Michael Browne]

You can amend your claim using N244 See here:

Form N244 - application notice

 

 

With regard to the N244 -

 

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

 

Part A

intend to apply for an order that:

amends my particulars of claim

 

because:

I have become aware of further charges levied and therefore there is an increase in the value of my claim

 

Part B

Tick evidence in part c

 

Part C

I respectfully request that the court allows an amendment to my particulars of claim.

 

Please find attached to this application my proposed new particulars of claim, amended to reflect the increase in the value of my claim, as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

N1 Claims form in .PDF format with form filling

 

4. Particulars of claim - N1 - hard copy version

 

I would wait until your claim has been transferred from MCOL to your local court and submit the forms then.

[corn flake]

Thankyou so much to the above members. You have been really helpfull.

Tanya xxx

[corn flake]

I have just put this letter together and would like peoples advice as to weather to send it.

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Dear Sir/Madam

 

Tanya -v- HSBC

Claim No: *****

Date Issued: 19.03.2007

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

I have become aware of further charges levied within the original timescale and therefore there is an increase in the value of my claim to £3525.50 plus £738.22 interest at the statutory rate.

However I am willing to waive the above mentioned charges and settle out of court for the original full claim amount of £3198.00 plus £675.39 statutory interest and court costs of £120.00 which totals £3993.39 if the claim is settled within the next 7 days. Once this payment has been received by myself I will terminate all further court action regarding this claim.

If the claim is not settled within this time you will leave me no further option than to complete an application notice to inform the courts of the increase of the claim.

 

Yours Faithfully

 

 

 

Tanya

 

 

So what do you think??

Tanya xxxx

[jowalshy]

Sounds good to me. I think that it is worth a try.

[corn flake]

Well I sent the letter off first class recorded on friday. It would be great if it pushed them into settling the original claim but some how I doubt it! Anything is worth a shot though!

Tanya xxxx