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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A court hearing I had was postponed by the claiments(

Resolved Question:

A court hearing I had for Feb was postponed by the claiments( NW Bank) until early June because the say the original amount they thought I owed is now substantially more.
Do they therefore have to send me an amended Particulars of Claim and how soon before the hearing do they have to send it to me.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
When is the hearing please?
Customer: replied 2 years ago.

June 9th

Expert:  Ash replied 2 years ago.
Has the court ordered they do it by a certain date .
Customer: replied 2 years ago.

Not to my knowledge. However we have not received any further paperwork from the bank to support their claim for an increased amount from £33k to 94k!!. Our original defence form is now not applicable to this amount.Surely we need proof from them to support their claim before we are in court in order to allow us time to prepare a defence.

Expert:  Ash replied 2 years ago.
Have they served the amended claim? If so had the court given permission to amend?
Customer: replied 2 years ago.

No we have not received any amended claim .We have only ever been advised by letter that the amount they say we owe had increased.

Expert:  Ash replied 2 years ago.
Ok. They need to make a formal application to court to amend. If they do not then they can't change it.
They must get permission from the court to amend.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Would we have to be advised either by the court or the claiments that permission had been granted.

Is there a cut off date for us to have been advised one way or the other

Expert:  Ash replied 2 years ago.
Yes the court would approve an order. But the judge would allow you to file an amended defence. They can't really amend their claim after service of statements.
Alex
Customer: replied 2 years ago.

we never managed to file a defence before they ask for the original court date to be adjourned .

Expert:  Ash replied 2 years ago.
Ok, then you should file a defence now.
Alex
Customer: replied 2 years ago.

Alex are you saying that once they have asked for the original figure which was £33K and we file our defence based on this figure ,they cannot then decide to asked for a higher figure .now or at anytime in the future.

Expert:  Ash replied 2 years ago.
They can't go up. ONLY down.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Morning Alex,

Thank you for your advice.

One final question can you please tell me what part and rule number in law your final but most important piece of information is.

"They can't go up only down"

Many thanks

Expert:  Ash replied 2 years ago.
Under statements of case Part 16
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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