Changing POC (from private to business a/c).

[Yorkie41]

Have court date notified - 25 Sept.

Started this case off on a private individual basis. However, I am a sole trader and it is my business account which is involved. Can I proceed on this basis without any danger of DG seeking to strike out my claim (have had an offer from HSBC), or will I have to prepare a revised POC incorp. relevant applicable info.? Is this where the fee of £35 arises. Would appreciate advice as I am a bit confused.

 

Many thanks,Yorkie41

[Rayne]

Not sure about the first part of the question - I think one of the more experienced would be better off answering that but working on the basis that you will be revising your POC, I believe that yes that is where the £35 fee would come in.

 

Would be better for Lattie of Freaky, or maybe MB to answer the first bit though

 

Sorry I couldn't be more useful than that.

[lateralus]

wow, that's a quandry....

i'd have thought hsbc would have picked that up straight away -

my understanding is the poc is different because you are claiming on a different basis.

you could let it ride but i feel certain that dg will pick it up and as you say have it struck out on the basis that it is done wrong.

plenty of time to amend - i'd be inclined to tell you to amend the poc's but you might like to pm a site helper and ask them.

you could read through this to see if it helps you make up your mind:

Business Claims - basic guide

 

and this: Business accounts;Partics of claim (1 2 3)

 

 

should you decide to amend - yes, the fee is £35 (non reclaimable) and here are the

instructions for the N244 which need to be followed precisely:

The "Claim Too vague" defence and guide to amending a claim

[Yorkie41]

Thanks a lot - Rayne & Lateralus, that clears my mind. Now intend to change my POC's & pay the £35. You never know, this might stir DG into pre-court action. Hope so, 25 Sept. is a long time to wait (nearly £5K involved).

 

Thanks again - appreciated.

 

Yorkie41

[Yorkie41]

One point I forgot to cover yesterday. I now intend to complete & submit to the court the N244 Application, re. changing my POC details from personal to business. Do I also have to advise/send a copy to DG/HSBC at this stage, or do they have to pick it up from my 'court bundle', bearing in mind court date not until 25 Sept.?

 

Advise would be appreciated.

Cheers,

Yorkie 41

[lateralus]

i've seen one local court (hull) where they re-serve the defendent with the amended but for the most part the claimant is responsible for re-serving the defendant - it's all in that link i sent you above, just follow it closely - you file the n244 with the amended poc's - a judge looks at it and probably approves it - it comes back to you and then you re-serve it (just send recorded delivery) to dg - and then there is one further short form you have to file to tell the court you have re-served it.

[Yorkie41]

Thanks a lot - will proceed as advised.

 

Yorkie41