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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can you tell me how to fill in a N244 Addition of

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Can you tell me how to fill in a N244 for the Addition of defendant?
What do I write under What order are you asking the court to make and why?
I will need to complete a new claim form that will be substantially different to the original
I will include a details of the particulars that will be slightly amended. These changes I can make by scoring out the original and marking the changes in red
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I have put in a claim for a small claims court for rent arrears. The dependent has responded with a counter claim. I agree with part of the counter claim that I should include both tenants included in the original claim. If I set aside the original claim can i resubmit but on this occasion add in both tenants? Or if I set aside the claim will that mean I can not make another claim on this rent arrears?
Customer: replied 1 year ago.
I have attached the counter claim. I contest the fact that they can set aside the rent. I feel they have not added any detail to their counter claim and I can use email discussions and witness statements to contest the facts that they have placed in the counter claim
Customer: replied 1 year ago.
Hi Alex can you help to answer my question?
Expert:  Ash replied 1 year ago.
You dont need to withdraw the claim. You need to seek permitted to amend the claim and include both tenants. Therefore you simply need to make an application asking the Court to allow additional Defendant(s)
So you are asking for permission to additional Defenndant(s) to be added to the claim.
Does that clarify?
Alex
Customer: replied 1 year ago.
Hi Alex. No I dont feel that my inquiry has been answered satisfactorily at the moment. I would be grateful if you could answer the specific question that I have put forward as my preference would be to start the claim again. If this is not possible then I would like you to answer (with some guidance) the question asked What do I write under What order are you asking the court to make and why?
I will need to complete a new claim form that will be substantially different to the original
I will include a details of the particulars that will beslightly amended. These changes I can make by scoring out the original and marking the changes in red
Thanks
Expert:  Ash replied 1 year ago.
No you cant start the claim again it would be an abuse of process.
You put:
1) you are seeking to add (whoever it is) as 2nd Defendant because they were omitted from the original claim
2) The claimant shall file and serve the amended claim within 7 days
3) The 2nd Defendant shall file and serve a reply to the amended claim by (35 days)
4) No order as to costs.
That is it. you then include the amended particulars.
Does that clarify?
Alex
Customer: replied 1 year ago.
hi Alex, i am sorry but I still do not feel that you have answered the questions that I asked. can we go for each question at a time please.
I have completed parts of the N244. Can you advise me on what to write under What order are you asking the court to make and why?
Expert:  Ash replied 1 year ago.
To amend the particulars of claim and add a second defendant.
The second defendant was omitted because (insert your reason here).
Alex
Customer: replied 1 year ago.
Thank you. Now if we could look to the second question that would be useful.
I will need to complete a new claim form that will be substantially different to the original. How do I go about this? Do I need to show the changes on the new claim form or just in the amended details of the particulars?
Expert:  Ash replied 1 year ago.
You need to file a new claim form with particulars.
Any amendments (including strike outs) need to be in RED.
Does that clarify?
Alex
Customer: replied 1 year ago.
OKay so can you confirm that the new claim form does not require that amendments be recorded in red. can you confirm that the claim form can be entirely different to the original claim form with the reasons set out in the details of the particulars recorded separately as you describe?
Customer: replied 1 year ago.
Can you advise me is the statement of case the same as the particulars of detail or is this different?
Can you also advise me on whose name goes on the form under the defendant. the current name or the name that I intend to put in. My guess would be the current defendant.
Expert:  Ash replied 1 year ago.
The new claim form only needs parts amending in red which are new or struck out.
You can't re-issue on the same facts, you need to amend your existing claim and add a second defendant if that is what you are trying to do.
Alex
Customer: replied 1 year ago.
Thanks Alex. we are getting there so I will give to you a good rating and a tip but I am still not clear in the detail. the new claim form is a preset format with a very small box to outline the claim. i cant see how I can cross out the existing detail and have enough space to put in the new details
thanks
Expert:  Ash replied 1 year ago.
You need to draft a new document for particulars of claim.
https://www.oxbridgenotes.co.uk/revision_notes/lpc-law-civil-litigation/samples/drafting-a-particulars-of-claim
Gives you can idea.
Alex
Customer: replied 1 year ago.
Thank you. Im sorry Im talking about filling out the new claim form that I have attached.
Expert:  Ash replied 1 year ago.
Yes I know that. But if there isnt enough room you need to attach particulars of claim separate to the claim form.
Alex
Customer: replied 1 year ago.
If you look at the attached form I used the entire space. i would only be able to cross it out and then not have any space to write the new claim. i can't see the court wanting that
Expert:  Ash replied 1 year ago.
Its not a new claim. You are amending the claim so need to make any amendments in red, as discussed.
You are amending an existing claim, nothing more.
Alex
Customer: replied 1 year ago.
Im sorry but I cant seem to make myself clear. i will seek further advice on that point. Can you tell me whose name should go in the top right of the N244 form under defendant
Expert:  Ash replied 1 year ago.
Perhaps we should have a phone chat instead? That would sort it quicker?
Alex
Ash and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay thank you for your help. your link is very useful even if I havent been able to completely understand how to complete the N244 form

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