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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have issued a mony order claim through the County Court.

Resolved Question:

We have issued a mony order claim through the County Court. The hearing is due shortly. Since issuing the claim, further invoices have become due for payment. In advance of the hearing, can we add these new invoices to the original claim sum and seek judgement against them as well as the original claim?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You are in effect amending your claim.

Alex Watts :

You need to make a formal application to do this.

Alex Watts :

You will need to use form N244 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Sorry I mean here:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You need to say to the Court why you are amending the claim and enclose a copy of the amended claim showing what is changing

Alex Watts :

So you need to explain what has changed and why

Alex Watts :

The cost of the application is £50

Alex Watts :

You must get the Courts permission to amend the claim - if you do not then you can not include these sums

Alex Watts :

So make a formal application to amend your claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi, Thanks

Customer:

Hi Thanks

Customer:

Hi

Customer:

Hi Thanks, ***** ***** the notification procedure to the defendants and can they delay the process?

Alex Watts :

It could do. They will have permission to file an amended defence, if they want to

Alex Watts :

The Court will consider the application and then make an order. At which point you have to serve your amended claim on D.

Alex Watts :

Then they file their amended defence

Customer:

So the Court will have to notify them of the amendment?

Alex Watts :

No, once approved you do

Customer:

Can we simply advise the court that we wish to amend the amount due without issuing the N244?

Alex Watts :

No. You need the courts permission which means a formal application

Alex Watts :

It will cost you £50 to make the application - there is no getting away from that

Customer:

Finally, in the disclosure process prior to the hearing will we need to provide a copy of the N244 to the defendants?

Alex Watts :

Not this one no.

Customer:

Ok Thanks

Alex Watts :

If the order is granted then you need to file your amended claim with the Defendants who can then file an amended defence

Alex Watts :

Does this answer the question for you today?

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