Wrong amount on claim - CPR ?


Hi everyone.

Need a small amount of "small claims court" procedure info.

Just received notice of a small claim from a former supplier (I
disputed some of an invoice).

Anyway although the "particulars of claim" list the parts of the
invoice in dispute the solictors who filed the claim used the wrong
calculation on the main "total" (i.e. the amount on the "cover" page).

i.e. They are claiming over £1800 on the front page (plus their costs)
yet in their breakdown it only says they want £800 (the amount of the
disputed invoice) plus costs.

Note- The difference is not due to interest / penalty etc.... it looks
like a lazy legal clerk has just "carried the 1" by mistake.

Now, I intend to defend the claim but am wondering if I can use this as
a means to get the case dismissed without the need for all that stress;
after all it is the claimants responsibility to swear to a truthful
statement.

If I inform the claimant now they will simply amend their claim,
however if I wait until the hearing although the judge will almost
certainly reduce the claim amount; if I lose I will still be liable for
the court costs generated on a £1800 claim.

Or is there some magic CPR rule that I can use to get the case thrown
out? After all if I filed an false statement the claimant (and the
judge) would go to town on me - and rightly so.

Although I accept its' probably a genuine mistake by the solicitor I
know that if the roles were reversed they would screw me over in a
heartbeat, hence I won't feel any guilt about doing the same to them.

Thanks for reading.




--
P Robinson
.

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