How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2847
Experience:  Partner in national law firm with 20+ years legal experience
30932268
Type Your Property Law Question Here...
Alice H is online now

Amending claim amount MCOL in early stages

Resolved Question:

I have a county court claim against a builder who has abandoned a construction project in its final stages. Claim was filed online using MCOL within last 24 hours. I wish to amend the Claim amount(reduce it) due to additional information available since filing the claim. How do I do this?This is not a small claim Thank you

Submitted: 2 years ago.
Category: Property Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
Civil Procedure Rule Part 17 states that you can amend the particulars of claim at any time before it has been served. So if MCOL was used over the weekend it is probably still awaiting issue. I suggest you contact the help desk immediately and they will help you with the amendments.
Part 17 also states:
If his statement of case has been served, a party may amend it only –
(a) with the written consent of all the other parties; or
(b) with the permission of the court.
Alex
Customer: replied 2 years ago.

Thank you Reply from MCOL is as follows


Good afternoon,



Thank you for your email. Once the claim has been submitted and the fee paid the court cannot change any of the details without an application and request to re-serve the claim. MCOL is a fully automated system and the claim will be issued exactly as the details have been entered. It is the Claimants responsibility to view the claim at the claim overview page before submitting the claim to be issued.



It is your decision to make as to whether or not you wish to make the amendment to the particulars of claim, or whether to leave it as it is. If you wish to make an amendment to the claim you should apply on form N244 (attached). You should also send us a copy of your claim on the attached N1CPC claim form with the incorrect parts crossed out and the correct information should be written by the side in red pen. Please consult the below guidance notes for further assistance with the application.



The outcome of the application is at the discretion of the District Judge and cannot be guaranteed. The fee for the application is £50.00 and should be made payable to 'HMCTS'. Alternatively, you may pay by credit or debit card to our telephone helpdesk between 9.00am and 3.30pm, Monday to Friday by telephoning 0300(###) ###-####(or 01604 619402) – please select option ‘6’ to speak to an operator.





Guidance notes for submitting an application to amend and re-serve the Claim



Complete form N244 as follows:

Expert:  Alice H replied 2 years ago.
That's a real shame. You have no option then but to amend the claim using form N244.
Customer: replied 2 years ago.

Thank you for quick response excellent

Expert:  Alice H replied 2 years ago.
No problem. Unfortunately there doesn't seem to be any way round the problem. You will have to make the N244 application to amend the claim form.
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2847
Experience: Partner in national law firm with 20+ years legal experience
Alice H and 3 other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.