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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.
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.
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.
Its on the second page of the attachment I uploaded, thanks
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 payment2. 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.
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.
about the higher fee? they write to you if your application is granted.
No problem, thanks
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.
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.
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-courtYes 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)
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
My pleasure, thanks again
See 7.2 here : https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#7.1
You don't need an expert to attend the hearing (by expert I presume you mean a lawyer?)
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.
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
It means you attach the amended N1 claim form/POC. No emails or bank statements, no.
Your costs - I presume you want the £100 back if your application wins. No other fee.
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
No, leave the court fee part