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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have a Small Claims claim and would like to amend the

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I have a Small Claims claim and would like to amend the Claim amount - I would like to increase it. I need help completing the N244, Amended Claim Particulars and any other documents. Is the Fee or 244 fee and why? Is it with a hearing or without a hearing? What level Judge? Is there any special format that I need to wrote with the Additional Claim ParticularsHow do judges review the application to increase the claim amount?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

You can amend the statement of value on the claim, yes. It depends if your opponent agrees to your proposed change or not. If it does then a consent order can be prepared and this attaches a court fee of £100. If they disagree then you will need to formally apply on form N244 - the court may want a hearing to hear arguments from both yourself and the defendant. You could apply on form N244 with a fee of £100 and ask for no hearing - but if the matter is disputed the usual fee of £255 payable to HMCTS will apply.
You will need the N244, a witness statement and draft order, and a covering letter to the court. The level of judge is "district judge".
I have attached a template witness statement with draft order you can use. You will need 3 copies of the bundle (N244/statement & draft order) to go to the court with the fee by cheque or insert your contact number on the covering letter and the court staff will call you to take payment.
The court may then list a hearing by telephone where you can say why you want the value increased.
If approved the judge will then agree and you should not have to re-serve the claim but the defendant may have to file an amended defence as your claim will have changed. On the claim form you originally had, you would need to strike through the original number for the sum claimed in red pen. Then hand-write the new sum where you can find space, and underline that new sum in red pen. Here is the N244 form for you to use :

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 15 days ago.
Hi Jim, if I submit 100 and no hearing and if they dispute do I have to pay another 255?
Customer: replied 15 days ago.
About what I need to submit, what is a draft order? The Witness Statement is the same thing as the Amended Claim Particulars or is it a different type of document?
Customer: replied 15 days ago.
I was going to submit a longer version of the claim particulars outlining my revised claim
Customer: replied 15 days ago.
About your answer regarding striking out the sum on the claim form, do you mean the N1? So I need to submit the N244, witness statement and amended N1 and covering letter?
Hi, you can pay £100, send the N244/witness statement and draft order.
The amended particulars of claim is attached to your application.
I’m around tomorrow morning, I can deal with this then if that’s ok
Customer: replied 15 days ago.
Ok, but what happens if I pay 100 and the Defendant objects and do I have to pay another 255? so I pay 355? Should I pay 100 and no hearing and see what happens?
Customer: replied 15 days ago.
ok speak tomorrow
No for this application it’d be £100. If the courts wants a hearing then they’d tell you to pay another £155. Thanks, ***** *****
Customer: replied 15 days ago.
ah ok thanks
Customer: replied 15 days ago.
Hello Jim - following up on the answer - what is a draft order? and what do you mean when you say striking out the sum on the claim form. Is this the N1?
Customer: replied 15 days ago.
To clarify: you mentioned an amended particulars of claim and you also mention a witness statement - I am guessing that these can be the same document right?

a draft order is what you want the judge to grant you. You need to cross out the original sum in red pen. Yes, the N1 is the original claim form. No, a witness statement just supports your N244 form. The particulars of claim are different - they are written either on page 2 of the N1 or separately to set out details of your claim.

Customer: replied 14 days ago.
can you show me what a draft order is supposed to look like? I need to write an order as if I were the judge?

Its on the second page of the attachment I uploaded, thanks

Customer: replied 14 days ago.
I download the original N1 and attach it to the N244 with the claim sum crossed out in red and the new claim sum entered
Customer: replied 14 days ago.
wouldn't it be rude/disrespectful if I do the draft order? isn't what the judge should do? wanted to check on this part since no other advisor told me to do this..
Customer: replied 14 days ago.
In the N1 do I also cross out the old sum in the Claim Particulars section? AND attach it to a new Additional Particulars of Claim..
Customer: replied 14 days ago.
If the new Claim amount is higher that means a higher court fee..do I also send payment for the higher court fee?

No, the judge makes an order based on y our draft order.
I think I covered these questions in my answer. Yes, cross out the old sum in the POC. You do not need to add a new POC. To reiterate my answer :
1. covering letter to the court enclosing a copy of your application with your contact details so they call you to take payment
2. N244 form completed, witness statement, draft order
only if your application is granted will the court then ask you for the higher issue fee, yes.

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13947
Experience: Senior Associate Solicitor
JimLawyer and other Law Specialists are ready to help you
Customer: replied 14 days ago.
I do not need to add a new POC but the Witness Statement is enough?
Customer: replied 14 days ago.
what about the difference in court fee from the original claim to the new higher claim

Yes, only the witness statement because the judge will already have a copy of your original POC.

As I say your application needs to be approved first - if it is then the court will write to you ask you to pay the balance of the increased issue fee.

Customer: replied 14 days ago.
I do not need to mention it in the submission? How would they communicate this to me

about the higher fee? they write to you if your application is granted.

Customer: replied 14 days ago.
ah ok it is mentioned in the draft order you sent

No problem, thanks

Customer: replied 14 days ago.
In the draft order you sent, it says that if the request is approved "The Claimant to serve amended copies of the claim form, particulars of claim and schedule of loss upon the Defendant by 4 pm on (14 days)." Does that mean that I need to still do the Amended Claim Particulars and serve to Defendant?
Customer: replied 14 days ago.
Can I use my witness statement to created the Amended Claim Particulars which I will serve to the Defendant once the order is approved

only if the judge agrees to your revised claim, yes. If it does, you will need to post a copy of the amended documents to the defendants so they can then file an amended defence.

the witness statements doesn't "create" anything, it simply lets you add more detail to the N244 form to say why you are applying.

Customer: replied 14 days ago.
My question is - I can use the same witness statement submitted in N244 as the APC to be served to Defendant.

You should use the template I attached and follow my answer. If you don't then your application may not succeed. I said you should use the N244, witness statement and draft order.

With the witness statement you attach a copy of the revised N1/POC form so the judge can see the amendments you want to make.

Customer: replied 14 days ago.
Does the N244 also need to be submitted electronically via email in addition to being mailed by post? Will it be sent to the Court where the case is handled? In this case Romford
Customer: replied 14 days ago.
can I add costs of getting Legal Advice to my Claim?

post as they have no e-filing email address according to their site : https://www.find-court-tribunal.service.gov.uk/courts/romford-county-court-and-family-court
Yes you can add costs up to £260 for advice, according to the civil procedure rules, if your claim is a small claim (one with a limit of £10,000)

Customer: replied 14 days ago.
Ok so I post it via recorded mail and follow up if I dont hear back..how long does it take to process on average? Great news about the legal advice part.
Customer: replied 14 days ago.
About the cover note, can I use any format? It doesn't have to be a formal letter right? Just a note
Customer: replied 14 days ago.
one last question about the Amended Claim Particulars that I will send to Defendant once it is approved. I read somewhere that I am supposed to cross out parts of the original document and it sounds complicated..Can I just send a new document without all the track edits?
Customer: replied 14 days ago.
about the £100 fee. I dont have a cheque book - can I ask in the Cover Note that they please call me to take payment or that I can call in to pay the fee

Yes, recorded delivery is fine. It will take a couple of weeks as the courts are busy.

Generally a Word document in a letter should be used but a note should also be fine

No, the civil procedure rules are clear that red pen is needed to change it. See this link: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17/pd_part17

Yes, you can put your number on there or you can call them on 01708 775353 to pay over the phone so you don't need to wait around for them to call you

Customer: replied 14 days ago.
Perfect. I am clear on what I need to do. Thank you for answering all my questions!

My pleasure, thanks again

Customer: replied 14 days ago.
Quick question: Where do you get that I can add 260 in costs for legal advice? I can't find references to this number
Customer: replied 14 days ago.
Thanks. ***** can also claim for an expert to attend the hearing right? Can I add that to the N244 Witness Statement or do I wait until the case is won

You don't need an expert to attend the hearing (by expert I presume you mean a lawyer?)

Customer: replied 14 days ago.
I mean that I plan to bring a witness to the hearing. The builder who worked on the project..I plan to pay him for his time
Customer: replied 14 days ago.
This is a construction dispute and I am relying on the statement of builder who I have asked to attend. I will pay him for his time

OK, thanks

Hopefully I have answered the question about how to change the statement of value on the claim. If not please let me know. For any other questions over and above how to change the value, if you can please post a new question in a new thread, thanks.

Customer: replied 14 days ago.
can I also claim the cost of bringing him to the case?
Customer: replied 14 days ago.
I accepted your offer of more Q&A time and I have this question about what I can include in the amended claim amount. Can I claim for my expert's time in here? Thank you

I am aware of that, thanks

At the final hearing, yes. If you can please post a new question about anything else other than the value of the claim. It will not cost extra. Thanks

Customer: replied 14 days ago.
ok thanks

My pleasure

Customer: replied 14 days ago.
Hi, I have a question about a text in your document
• To assist the Court, I have attached my proposed amendments to this application, exhibited herewith.
I dont have any exhibits..do I need to submit exhibits such as emails and bank account statements?

It means you attach the amended N1 claim form/POC. No emails or bank statements, no.

Customer: replied 14 days ago.
Hi Jim - what does this mean: • Costs of this application to be the Claimant’s, assessed in the sum of XXX
Customer: replied 14 days ago.
What costs does the draft order refer to: the 100 fee or the additional claim fee for the revised claim sum

Your costs - I presume you want the £100 back if your application wins. No other fee.

Customer: replied 14 days ago.
Only the costs of the application..ok

I am now unavailable until tomorrow. If you need any more help with how to revise the claim value please let me know and I will come back to you tomorrow morning.
Thanks

Customer: replied 12 days ago.
One last question about the N244: when I use red pen to cross out the claim about on the n1, do I also cross out the original court fee and write the new court fee for the new sum?

No, leave the court fee part

Customer: replied 12 days ago.
ok thanks. Just making sure

No problem, thanks