Small claims court - creditor changing amount?

[msorganised]

Looking for some advice please on whether this is allowed before I respond

 

 

if a claim has been issued and a hearing date set,

at the stage at which witness statements are sent

 

 

can the creditor rightly and legitimately double the value of the claim within their statement

and will the court allow this/take this into account when hearing the case?

 

 

Cannot tell that any formal application has been made just the request within the statement...

[honeybee13]

Hello there.

 

Does this relate to another thread that you have here please?

 

HB

[BankFodder]

They would formally have to amend their claim and this would need an application to the court.

 

They would then have to file and serve the amended particulars of claim and you would then have further time to submit an amended defence.

 

You should raise the matter with the court and object.

 

However, despite all of this, if it is merely that they have raised the value of the claim rather than introduced new causes of action or new facts, then the increased value may eventually just be a formality. However, they must observe the rules regarding amendments

[Ganymede]

As BF said, they would need to make an application to amend the claim value and possibly reallocate to the Fast Track if it takes the value over £10k.

 

There won't need to be re-service of the PoC and an amended Defence if it is just the claim amount being amended.

[msorganised]

Many thanks for the quick replies.