General Form of Judgment or Order

[Avango Courier]

If anyone could assist me with this I would be very grateful.

I am in the middle of a claim against a customer who has failed to pay some invoices. I went through the moneyclaim process, did the whole Northampton County Court bit, went to mediation but the mediation failed (no surprise there).

Claim was then passed to my local court and I now have a letter that states:
"1. The particulars of claim are struck out. The claimant do by 4pm by 21 days file and serve fresh particulars of claim which comply with requirements of CPR 16.4 If the claimant shall fail to comply with these directions this claim shall stand struck out."

I have read and understand the CPR 16.4 bit from the gov website and know what information is required in the claim, but the problem is - I have no idea HOW I should file these.

Do I need a particular form, or do I just write it down on a sheet of A4?

I rang the courts but they were as much use as a chocolate teapot with "we can't tell you anything".

 

[Engage Legal]

Generally, particulars of claim are not a set court form. They are a typed doc, scanned and signed. They must include the requirements of Civil Procedure Rules Rule 16.4 (Google them - I can't post a link).

I would get onto that pronto. Also, why were they struck out in the first place? You better make sure you address that point in your new particulars otherwise they will probably be struck out again.

The doc, when finalised, is filed in the Court and served on the other side.

 

[Avango Courier]

Thanks so much for getting back to me.

I've not been given any reason as to why the original particulars were struck out, I just assumed that was standard practice from the way the letter was written by the court.

An old customer who is involved with legal stuff sent me over a template of what to use this morning so it's all good.

 

[Engage Legal]

My pleasure

Check with the Court why it was struck out. Otherwise they may well do it again.

And good luck

 

[smallclaimsassistance]

You are far better off hiring a lawyer to do this, as you're likely to be struck out second time around. Clearly significant changes are required or they wouldn't have made the order.

This is something I could do but in saying this I am not fishing for work; I am not currently taking on new cases.

You would be well advised to hire a lawyer asap.

Dean