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: 2850
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 and other Property Law Specialists are ready to help you

Related Property Law Questions