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Hi

 

I'm at the court stage of my claim, it has just been transferred to my local court from MCOL I've already amended my particulars of claim (off my own back as there was not enough information) which cost me £35, but I've just realised the spreadsheet figures that i have just sent to cobbetts are not the same on my N1 form.

 

My original claim was for £1814 (which i sent to court) but i wanted to present the figures nicely by using the spreadsheets (which i should have done in the first place !!) and the total has come back at £1669.43 which means I've over charged them by £45, although the court have not got this figure yet !! Cobbetts have (I'm so stupid)

 

I want to know if i should just wait and see the response off cobbetts first, or pay another £35 to amend it. I just don't want cobbetts to be able to strike it out on this mistake without giving me notice to amend it :confused::-x I've been looking on the forum to see if anyone else has done the same, but can't find anything. Hope you can help.

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Personally, I'd be inclined to wait. Cobbetts will go over your claim with a fine tooth comb....... they won't pay out a penny more on behalf of their client than is necessary. Phone the court for confirmation - they may advise you to do another amendment. If they don't - don't worry. If they do - just submit another amendment and ensure that all details are correct this time. ;)

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Thanks for your advice, I'm just not sure if Cobbetts can apply for a strike out order without letting know of my mistake first.

 

What i don't get is that my first figures done on MCOL were for charges of £1142 it automatically put the interest and court costs on and it totalled £1814.28

 

When i did the figures on the spreadsheet the charges came to £1154 and with the interest it totalled £1669.43, so even though the second figure was higher the total is lower (Nothing is straight forward for me)

I hope the court will let me amend this if need be:cool:

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Hi

 

I'm just getting in a bit of a panic as to the above, I've spoken to the court about making a mistake on my figures, the guy told me to wait and see if Cobbetts recognise it, and if so i would have to fill in a N244 form, but I'm just wondering how to fill it in as it's an amendment for the figures.

 

I've seen how to fill it in when the poc is lacking in information, but just not seen how to fill it in when your changing the amount, I want to be prepared as i know Cobbetts will see the mistake

 

It's part A.....intend to apply for an order ??

 

Because ...????

 

and does this have to be amended in RED? any help would be much appreciated:???:

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  • 4 weeks later...

Hi

I've just recieved Notice of Allocation to the small claims Track(Hearing)

but im not to sure what to do next, this is the letter i've been sent

 

IT IS ORDERD THAT

 

The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application

 

Following the grant of an application without hearing.

 

This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence filed in support within 7 days for service of the order.

 

Any party affected by the order may within 7 days of being served with the order apply to court to set aside or vary the order under CPR 23.10

 

DISTRICT JUDGE SIMPSON has considered the statements of case allocation questionnaires filed and allocated the claim to the small claims track.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

by 24 August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevent documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 28 August 2007

 

Following making an order of courts own initiative

 

This order is made by the court of its own initiative. Any party affected by this order may apply pursuant to CPR 3.3(5)

To have it set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR 23 and must be made not more than 7 days after the date on which this order is served.

 

sorry for writing the whole letter but there is just a few things im not sure about

 

1, Do i have to attend the hearing,

2, Do i have to let the court know either way, i don't even know what time the hearing is

3, Do i need to send the court anything before this hearing, cobbetts have the amendment i made at the time.

 

just a bit confused as to what to do next really

 

I would appreciate any advice please :confused::):confused::) is what im feeling at the moment

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The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application

 

Following the grant of an application without hearing.

 

You're being given the opportunity to ensure your claim is completely accurate by filing an amendment. What is the 'draft' that's mentioned? Is it your amended schedule of charges?

 

This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence filed in support within 7 days for service of the order.

 

Judge has looked at your claim and Cobbetts defence without calling an actual hearing. If you amend your claim, you need to serve the amendment to the court and Cobbets within 7 days.

 

Any party affected by the order may within 7 days of being served with the order apply to court to set aside or vary the order under CPR 23.10

 

This is highly likely at the moment as you know. It may be worthwhile requesting that a stay is not put on your claim when you submit the amendment - see http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html (template no. 2)

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Highly unlikely that Cobbetts will settle at the moment.

 

by 24 August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevent documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant. In default of compliance by the defendant the defence is struck out on 28 August 2007

 

Following making an order of courts own initiative

 

They're not going to file anything - Cobbetts never do! The only thing they'll more than likely file is an application to have your claim stayed - hopefully the Judge will grant your request and tell them no.......... and then strike out their defence.

 

1, Do i have to attend the hearing,

2, Do i have to let the court know either way, i don't even know what time the hearing is

3, Do i need to send the court anything before this hearing, cobbetts have the amendment i made at the time.

 

Basically, the Judge is giving you the opportunity to amend your claim so it's completely accurate. I'd advise you to do so. See here for info on how to do this The "Claim Too vague" defence and guide to amending a claim and post back if there's any part that you need further advice on. You'll need to ensure that you send the court and Cobbetts the amendment asap. And phone the court on Monday morning to ask if there's a hearing - but reading what you've posted, it appears that the Judge isn't actually holding one!

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Hi

 

I did the amendment on the 4 july as my particulars of claim did not have enough information, i first did my claim on MCOL when cobbetts put in the defence on the lack of particulars i amended them myself on 4 july and sent a copy to cobbetts, that is the only amendment i've made up to now, and this is the first letter i've had off the court since.

 

although i did make a mistake on the figures, the court told me to wait and see if cobbetts pick up on it, if not leave things as they are as it would have confused the judge. and cobbetts have not told me or court to amend it as yet.

 

so i think the amendment the court are referring to is the one i made in july and i did send cobbetts the amendment.

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Has the court sent back a copy of the amendment that you made? You posted: The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application. What is the draft that's attached?

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OK - so it looks as though the court is asking you to file the amendment formally on form N244. Full details of how to do this are on the link I posted above http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html Given the court's directions - I'd advise you to formally amend the claim ;)

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Has the court sent back a copy of the amendment that you made? You posted: The claimant has permission to amend the particulars of claim in accordance with the draft attached to the application. What is the draft that's attached?

 

No, i took the amendment to court myself with a N244 and N1 form and was just told that the judge will look at it, and at the same time sent the same to cobbetts

 

Do you think there has been a bit of confusion somewhere, as the court never asked me to amend the poc, i did it off my own back as it DID lack particulars.

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Does sound like a bit of a muddle to be honest! Sounds as though you need to give the court a ring first thing Monday morning for clarification - but be ready to serve the amendment if necessary............... again!

 

Where the stay's concerned, the problem at the moment is that Cobbetts will more than likely apply for a stay on your claim once they receive the court's orders. I'd be inclined to second-guess them and send the court the template in post 2 (worded so that it's clear you're making the request to prevent a stay being applied). It can't hurt! ;)

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Oh no there's no draft attached ?? sorry just twigged what you mean.

No it was just the letter i posted that arrived

 

Sorry - didn't see your last post!

 

I think your best bet is to do a formal amendment to your claim - just to be on the safe side ;)

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Sorry - my computer 'froze' for a while. Must have been the realisation that you're a City fan!!!! ;)

 

Do the N244 and N1 again - (copy the amendments you already have and use the thread I gave you above for guidance). Check with the court as I don't think you have to pay £35 to amend the claim if the directions to do so have come from the court. To request 'no stay' on your claim, copy and paste template 2 onto a word document - realign/complete with your own details and submit to the court for them to consider just in case cobbetts ask for the stay.

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Yep, Im MAN CITY through and through:lol::lol:

 

God help me............. you must be as mad as my hubby then!!! ;):lol:

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God help me............. you must be as mad as my hubby then!!! ;):lol:

 

Yeah, my hubby's cousin played for City in the late 60's/early 70's, so its a good job i was a blue when we met:lol:

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Hi

 

I just need to know a couple of things about the amendments im taking to court on monday to sort this mess out.

as im using the amendments i sent them last time, do i keep the date as the 4th July (which i paid £35 for and must still have) ?

 

Or do i put todays date on the forms (N244+N1)

 

Also ive copied the objection of a "stay"

 

Do i need to fill in a form to go with this letter? as cobbetts havn't applied for a stay, im just getting in there first;-) or just hand it in with the amendments?

and do i need to send cobbetts a copy of the no "stay" letter?

 

and just one more thing, the Notice of Allocation to small claims letter says

 

This order has been made without hearing an application by the claimant/Defendant, who must serve upon the defendant/claimant a copy of the application and any evidence in support within 7 days for service of the order

 

Do i have to send cobbetts evidence? what would that be? i did send the amendmants on 4th July.

 

Hope you can help

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as im using the amendments i sent them last time, do i keep the date as the 4th July (which i paid £35 for and must still have) ? Or do i put todays date on the forms (N244+N1)

 

I'd keep the same date - the Judge directed you to amend it "in accordance with the draft attached to the application".

 

Also ive copied the objection of a "stay" Do i need to fill in a form to go with this letter? as cobbetts havn't applied for a stay, im just getting in there first;-) or just hand it in with the amendments? and do i need to send cobbetts a copy of the no "stay" letter?

 

Hold fire with the letter - I need to check something first ;)

 

Do i have to send cobbetts evidence? what would that be? i did send the amendmants on 4th July.

 

From the link I gave you last night:

 

It will have to go before a judge to ok the amendment, and you could possibily get called for an application hearing which is nothing to worry about. It's already been before the judge and he's given you the opportunity to amend your claim (you've already paid anyway) and serve it on Cobbetts - so yes, you need to send the forms to Cobbetts again (formally this time).

 

The Court will then amend the details, re-seal the claim and return it to you and it is your responsibility to re-serve it on the Defendant. Ensure that you keep a copy of the sealed N1 for yourself too. Once you have served the claim you should send the Court a completed certificate of service, here

http://www.hmcourts-service.gov.uk/c.../n215_0106.pdf along with a copy of the N1 so the court knows when the bank need to respond. Given your directions, phone the court on Monday morning as I think you're being asked to serve it directly on Cobbetts as opposed to the above- you'll probably need to send the completed certificate of service (with amendments attached) to the court as well.

To be honest, I'm surprised (given the Judge's directions) that they haven't sent you copies of the original amendments (N244 + N1) to re-serve on Cobbetts.

Just to be on the safe side, check with the court on Monday morning to confirm the above.

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Thanks so much for that hedgey06,

im just completely lost on this at the moment:(

 

I feel like packing it all in, but then i'd never know if i'll have won if i do that.

 

your help has been fantastic thank you so much:-)

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im just completely lost on this at the moment:(

I feel like packing it all in, but then i'd never know if i'll have won if i do that.

 

My pleasure mate - you being a fellow Manc and all that!!

 

And you're not allowed to pack it in............... you're a City fan!!! You lot never give up in the face of adversity............ so my hubby says anyway!!! ;):lol:

 

I'll post back on the 'stay' letter as soon as I've got more info ;)

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Just to confirm - with regards to the 'stay' template, I've checked and there's no harm in trying to pre-empt Cobbetts by submitting this to the court seeing as you're doing the amendment anyway (just to the court for the Judge to consider - not Cobbetts!) ;)

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