Beta This part of GOV.UK is being rebuilt – find out what this means

HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
, see all updates

Enforcement action: county court proceedings: preparation and service of the claim: amended particulars of claim

Cases entered clerically

If you find you have made an error in your particulars of claim, or you need to amend them for any other reason, after you have started proceedings but before judgment has been entered, you can only do so with either

  • the written consent of all parties to the claim or
  • permission of the court.

If you can obtain the defendant’s written consent quickly and easily

  • prepare amended particulars of claim endorsed “Amended particulars of claim under CPR17.1(2)(a) dated ……………”
  • strike through the incorrect details and add the correct details either alongside or above (the amendments should be in red. If further amendments are required, the sequence of colours to use is green, violet and then yellow)
  • sign the Statement of Truth
  • serve the amended particulars of claim on the defendant(s) yourself, either personally or by 1st class post
  • file a copy of the amended particulars of claim at court with a copy of the defendant’s written consent.

If you cannot obtain the defendant’s written consent,

  • complete and file form N244 with the court together with the proposed amended particulars of claim and the appropriate fee
  • write off the court fees for the N244 application (DMBM668690).

Court’s permission to amend

Where the court gives permission to amend the particulars of claim

  • file, within 14 days, the amended particulars of claim endorsed “Amended particulars of claim by Order of district judge ……………dated ……………”
  • sign the Statement of Truth
  • serve the amended particulars of claim on the defendant(s) yourself, either personally or by 1st class post.

The time for response is calculated from the deemed day of service of the amended particulars.

CCBC cases

It is not possible to amend the particulars of claim using the interface. To amend the particulars of claim, complete a N244, and a revised N1 (using the same claim number as the original N1). Take a print of the original particulars of claim from the PROCEEDINGS DETAILS CPC Claim tab and send the N244, revised N1 and the print of the original particulars of claim to the Bulk Centre via the CCCU using the CCCU stencil.

The Bulk Centre will enter the revised claim details on to their system and then return the revised N1 to you via the CCCU to serve on the defendant. Once you have successfully served the revised claim

  • prepare a certificate of service (form N215) and forward it to the Bulk Centre, via the CCCU
  • use RECORD ACTIONS to set a next action of ‘Apply for judmt’
  • B/F of 14 days after the deemed date of service (DMBM665390).