Need Advice Please

[Pagan98]

I urgently need some advice. I've just realised I made a mistake on my Particulars of Claim when lodging a claim for cashback. Basically I mentioned the wrong network provider and only realised when the mistake was brought to my attention by the defendant querying the issue.

 

I have phoned the MCOL helpline and they have said that I would need to use an N244 to amend the particulars, costing £35, or withdraw the claim and reissue, costing £30.

 

It is highly likely that the defendant will enter a defence in the next week, forcing me to reissue. However, what if they do not enter a defence? Can I still go for a default judgement and are there any implications further down the line, for example if they subsequently request that the judgement is set aside?

[barracad]

You need to take one of the two options suggested by the helpline otherwise the defendants will get your claim struck out.

 

On what grounds are you making a claim? Cashback offers are notoriously difficult to get any joy with and I'd be surprised if any claim had any realistic chances of success, although I obviously don't know your exact circumstances.

[Pagan98]

You need to take one of the two options suggested by the helpline otherwise the defendants will get you claim struck out.

 

Surely they can only get it struck out if they enter a defence, at which point I will probably withdraw and re-issue anyway.

Cashback offers are notoriously difficult to get any joy with and I'd be surprised if any claim had any realistic chances of success

 

I complied with all the T&Cs and they haven't paid me my money, so breach of contract. In fact they ignored the claim and LBA, only when I put in the claim did I get any kind of response. I will await their defence to see what they say but wondered whether to take a flier on the default judgement if they fail to defend.

 

Just anoyed I messed up on the POC as we have another contract with the other network provider.

[Pagan98]

Success!

 

Cheque for cashback + £30 court fee received in the post today.

 

Presumably I just let it clear and then tell the court to withdraw the claim as the defendant has settled?

[dw190]

Success!

 

Cheque for cashback + £30 court fee received in the post today.

 

Presumably I just let it clear and then tell the court to withdraw the claim as the defendant has settled?

 

You don't need to withdraw the action. Just send a letter to the Court or email to MCOL advising that the defendant has settled the claim in full and no further action required.

[MARTIN3030]

Well done.You was lucky as if you had have gone for Judgement then there would have been problems if the POCs were wrong.

Courts do not like notices to be sent by e mail.

Better by letter or Fax.

This is called notice of discontinuance and theres a form to do it on,though you dont need to use it.

Make sure you put all the details on clearly ie;Claim number and your name vs theirs.