Incorrect Claim Form

[mauijim]

Hi to all you great folks.

As you know I had a claim from the court about my overdraft. It was a real debacle because I had been in contact with the bank and they knew of my illness and financial difficulties. Talk seemed to break down and lawyers took over. I tried to get help on MSE but none arrived apart from the suggestion I came to this place. Every cloud has a silver lining

Long story short, we offered £1 per month they flatly refused. Court ensued and Judge set aside the £434 per month from lawyers and made us pay £1 per month.

The reason I came here is that I was told not to admit the claim and to seek advice here about the legality and correctness of the claim. There was no time left to perform this so I had to admit the claim. My question is simple. If the form was incorrect am I right in thinking that they would simply correct the errors and submit a new case?

I know this is all after the event and I am now paying the £1 per month but the legality issue does intrigue me and maybe it will help in the future?

[Never-In-Doubt]

Re: Incorrect Claim Form

As you have admitted the claim, nothing doing. You should have left it if necessary as you can fight a default judgment, but not once you've admitted the claim (that I know of)....

Paul may be best suited to answer this but I would say your hands are now tied....

[mauijim]

Re: Incorrect Claim Form

Thanks Niddy

I was just interested in the overall legal process. Mine is sorted but I was curious about this subject. I presume the plaintiff would simply issue a new correct claim as there is no "double jeopardy" rule that prevents them from correcting the mistake and starting afresh?