Application For Amendment.

[CrispDust]

I need to ammend (reduce) my claim amount, in light of defendent (IKANO) sending essential data, AFTER court claim made.

I have written to IKANO requesting they agree to ammendment. To date they have not replied and I may be forced to amend by N244, which will cost £35.

Can I claim this back from defendent since it was their inaccurate information which caused the ammendment in the first place?

[Guest bong]

not sure as I haven't done this myself BUT I can't really see why you would need to amend your claim.

 

I would have thought that either

 

i) they will defend that part which they don't agree they owe you, and you would admit that part of the defence, or write in your allocation questionnaire that the defendant provided you with information after the issue date which has enabled you to recalculate the amount you are seeking as £x.

 

or

 

ii) they won't bother defending and will try to negotiate settlement with you before that stage in which case you will agree to the lesser sum?

[kerryi27]

Hi ,

 

I also need to amend my claim amount as I have claimed too much. My own fault though. Did you do your claim on line with mcol and if so, do you have any Idea how to make the amendment.

 

Sorry to butt in on your thread

[CrispDust]

They are paying up before court (surprise)

However chequ still not arrived. Promised 11 days ago.

[GaryH]

Hi ,

 

I also need to amend my claim amount as I have claimed too much. My own fault though. Did you do your claim on line with mcol and if so, do you have any Idea how to make the amendment.

 

Sorry to butt in on your thread

 

How much too much? How come, what did you include that you should'nt have? Also, what stage are you at and which bank is it against?

 

Depending on the above, you may not need to amend the claim. In the event that you do, this will cost you a non-refundable fee of £35 I'm afraid. Fill out this form http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf as follows:

Top left hand box:

 

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to the above claim in respect of the claim's particulars/value/etc.

 

(because....) the claimant - did not adequately particularise his claim in that he did not specify the common law and statutory provisions that form the grounds for the claim being brought/made an error in calculating the claims value/etc.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to the claim particulars/value of the claim/etc.

 

(brief explaination of why the amendment is needed, etc...............)

 

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

Then if necessary, print out the N1 particulars of claim from the templates library, set the page out like this:

YOUR NAME v THE BANK PLC

in the ******* COUNTY COURT

CLAIM NO: *******

 

PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

Fill in the gaps, attach your spreadsheet and take/send 3 copies to the court, along with 3 copies of the completed N244 + the fee. Tell the court staff what has happened, apologise for their inconveniance, and ask that your current particulars of claim are disregarded and replaced by the new ones. 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.

 

Also, if your at that stage, complete your AQ and take that to the court at the same time - you'll find guide notes in the templates library. In fact, its probably best to wait untill you are at that stage to file an amendment, as the claim will then be transferred to your local court. Trying to send it to MCOL could cause problems.