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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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N225 the financial bit in Section D the ‘Amount of claim as

Resolved Question:

N225 the financial bit in Section D the ‘Amount of claim as admitted’ ie it requests ‘Court fees shown on claim’ which is £210. This does not cover all the court fees to date. Do I just insert the total Court fees which so far are £480.
Where section D refers to ‘Solicitor’s costs’ I intend to line out the word Solicitor, insert a figure and refer to an attached schedule of costs. Is this acceptable?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thank you for requesting me

Alex Watts :

What do you mean it does not cover all of the Court fees to date>

Customer:

Form N1CPC - Court fee £210 (Court Fees Shown on claim). But since the submission of that form, N181&N244 - Court Fee £220 plus re-submission of N1CPC Court Fee £50 = £480 in total. Not the £210 shown on the claim. thanks

Alex Watts :

But what was form N244 for?

Customer:

I requested that the POC was amended and a second defendant added via the submission of N244

Alex Watts :

Ok - did you ask the Court for costs in the case or D pay the costs?

Customer:

I requested that the remedy sought by the claimant is for damages and the recovery of the £13,500 plus interest. I was hoping that I could claim all costs?

Alex Watts :

Forgive me, when you applied to amend the claim, did you also ask the Court for costs?

Customer:

No, I did not realise that this was a requirement. I guess I have wrongly assumed that if judgement was made in favour of the claimant that the defendant would pay costs? Am I now stuck with having to bear the costs?

Alex Watts :

Sadly yes.

Alex Watts :

You can claim the issue costs but it seems to me that is it

Alex Watts :

If the Court did not require the Defendant to pay the costs of amendment you can NOT now claim these back

Alex Watts :

Therefore you can only claim the costs of issuing the claim

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So just to be clear, I can claim the £210 for issuing the claim but nothing else, no postage, no additional costs, my time? I can however claim the interest on the money owed?

Customer:

If the defendant pays what is due, can I then go back with another small claims claim and sue him for the costs of bringing this judgement about?

Customer:

I have stated that I would be seeking 'damages' I guess this should have read 'Costs'. Is therer anything I can lever on regarding damages?

Alex Watts : what is your claim for if not for damages ?
Customer:

Repayment of £13,500 cash 'given' to the defendant due to false representation, unqualified financial advice, failed promises, deception and manipulation of an aged lady. There are no damages in terms of physical injury, but certainly much distress and anguish suffered. Is there a case for punitive damages, if so I guess I should have made representation early on as I presume that 'judgement' has now been made by the court and it is what it is?

Customer:

Can I make a later claim outside of this judgement for costs incurred in bringing this claim to fruition and maybe even some punitive damages?

Alex Watts :

If you had made a claim for £13,500 then yes you can claim that

Alex Watts :

If you had made a claim for interest then yes you can claim that

Alex Watts :

No, you can't issue a claim later for costs, that MUST be as part of this claim

Alex Watts :

Does that clarify?

Customer:

yes thanks. lesson learned.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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