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QLD Errors in Statement of Claim - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by Danielle69, 22 January 2016.

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  1. Danielle69

    Danielle69 Member

    22 January 2016
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    My question is fairly simple although the matter is long ongoing and complex. The Financial Ombudsman Service determination was in my favour, etc. The statement of claim that was filed originally had errors and was subsequently amended (bank's solicitor's errors, fairly significantly wrong).

    After the Financial Ombudsman Service ruling in my favour, the matter went from supreme court to magistrates court as a lower debt. Recently, they filed a summary judgement application and the statement of the amount claimed is clearly and significantly wrong (doesn't account for my $6000 repayments made -overstated claim by around 25%).

    Should I advise now that it's wrong? Or wait til I appear at summary judgement? I have to file an outline of submissions before the court date. Is it more likely to be thrown out if I wait to prove it wrong? Does advising them early give them better chance to fix prior?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Danielle,

    Yes I would include your arguments as to the quantum of the amount in your outline of submissions. Obviously there is less to debate over in court if you clarify a few issues beforehand and the judge will be thankful for it.
  3. JS79

    JS79 Well-Known Member

    2 October 2015
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    Submit to the court an amended Statement of claim - show where you have amended.

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