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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2076
Experience:  Solicitor at BLM
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I submitted a small claim to the county court at Clerkenwell

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I submitted a small claim to the county court at Clerkenwell and Shoredith. A date has been set for 2nd November. I realised last week that I had made a mistake with the amount claimed. I stated I £360 when it should have been £300. I completed and sent form N244 to amend the detail. I have received a response yesterday from the court stating that I need to pay a fee of £255. Is this correct? If it is, the total paid to the court will negate the amount I am claiming for. Will I incur a fee for cancelling the claim? Will I have to refund the defendant? Which is the best course of action?

Hello

Welcome to JA.

I am sorry to hear about your situation.

An application which you have not received the consent your opponent is £255. However if your opponent agrees with the app and a consent order is attached the fee is £100. Given you seek to claim a lesser amount i cant imagine your opponent will dispute your proposed action.

Please see below the link which outlines the relevant court fees.

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

If you drop the claim, the general rule is the defendant are unable to recover their costs given this is a small claims matter.

Please see rule 38.6 of the Court Procedure rules via the link below.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

Therefore the final decision on how you wish to proceed is at your discretion.

I hope i have clarified the position, if not please let me know.

Thanks and stay safe

Customer: replied 5 days ago.
I don't understand the first sentence. Are you saying that I need to ask the defendant to complete a consent form? Can they refuse? Do they send this form to me or the court? How then, do I reply to the court?

If you want to make a consent application you or the defendant will have to draft a consent order and both parties will have to sign the order to confirm the contents within your application are agreed. Then you will attach the signed consent order to your application and send the same to the court.

Thanks

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