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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6482
Experience:  Senior Associate Solicitor
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I made a small claims for money against someone today. But

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Hi, i made a small claims for money against someone today. But once i submitted it i realised a small error. Instead of referring to the other person as “defendant” I accidentally wrote “claimant”.
Assistant: Where are you? It matters because laws vary by location.
Customer: I rang the claims people to see if i can change it they said its a £100 fee. And i should wait to see if the other person responds first. If they do i should seek legal advice
Assistant: What steps have you taken so far?
Customer: Im in stoke on trent
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I have spoken to the person who owes me money and they said I can go to court they won’t give a single penny

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this evening.

Customer: replied 3 months ago.
Hi, have you seen the previous chat or do I need to explain again?

The court's stance is that amendments to court pleadings ought to be allowed - you can amend the claim before the claim has been served on the other side. If they take issue with it and it has been served, you would need to agree the amendment with the other side and yes, it would be a £100 fee (for a consent order) or if they do not agree, it would be a £255 application fee (which you can recover from the defendant if your application succeeds, which it would). The advice would be to ask them whether they agree to the amendment - if they do, fine and a consent order can be drawn up (I can help with this). If not, tell them they face your application fee if they refuse.

You could wait until they take issue with it (if they notice it which I doubt) - it would not be fatal to the pleadings (the claim form).

Customer: replied 3 months ago.
The defendant hasn't been made aware of the error yet, last time I spoke he was very foul at the fact i'm taking him to court. I tried to resolve the issue for months but after agreeing he would pay me the money he started to ignore me.

OK, he may not notice. The next step is to wait for their defence to come in. He needs to serve a defence - if he does not then you can request judgment in default, which means a CCJ against him (which you can enforce).

Customer: replied 3 months ago.
He is adamant he will take me to court, I have all the chats, invoices and even his cousin who knows he owes me money. The only thing I did wrong is use the word "claimant" when doing the timeline to refer to him
Customer: replied 3 months ago.
Ok so I should wait? What if he takes it to a solicitor?

Yes, in the timeline it would not matter - the only issues which do matter would be if you got his name and address wrong or if you got a date wrong in the timeline/particulars of claim. I wouldn't worry about it. If need be you can apply to amend and I can help with that.

If the claim is under £10,000 he would have to pay a solicitor privately - which would be expensive for him. You can come back here - I am a solicitor and can guide you every step of the way if required.

So yes, you should wait - and expect his defence (if he misses the deadline then again, come back here and I will show you how to request default judgment against him)

I hope this answers your question - if you can please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

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