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I had issued a small courts claim via the online Money Claims (HMCTS) service against my landlord.
My landlord did not file a defence online within the required period, however they did send an email to various court email addresses, including myself, with a N244 form attached seeking for the claim to be struck out, unless;
“Unless the claim is amended to include the full name of the Defendant and served on the Defendant at it's regsitered office within 14 days the claim be struck out.”
The evidence is written as follows;
“Under CPR PD 16 para 2.6(d): “The claim form must be headed with the title of the proceedings, including the full name of each party. The full name means, in each case where it is known in the case of a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, limited, LLP, etc)”.
CPR 6.8(b): “… in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 1987”.
Unless within 14 days of service of this application form (expiring at 4pm on 31 March 2022), the Claimant complies with CPR PD 16 paragraph 2.6(d) and CPR 6.8(b), the claim shall be struck out automatically.”
How am I meant to respond to this? This is the first time that I have received a N244 form in response to a small courts claim.
I’m also concerned that they cc’ed in Watford County Court, which is close to their national head office. I want to make sure that any hearing, as per my previous small claims hearings, is held in my local court and where the property is located (Derby)
What do I need to do next / how do I amend the claim? Is there a charge?
And can this be done by email?
Many thanks
My landlord did not file a defence online within the required period, however they did send an email to various court email addresses, including myself, with a N244 form attached seeking for the claim to be struck out, unless;
“Unless the claim is amended to include the full name of the Defendant and served on the Defendant at it's regsitered office within 14 days the claim be struck out.”
The evidence is written as follows;
“Under CPR PD 16 para 2.6(d): “The claim form must be headed with the title of the proceedings, including the full name of each party. The full name means, in each case where it is known in the case of a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, limited, LLP, etc)”.
CPR 6.8(b): “… in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 1987”.
Unless within 14 days of service of this application form (expiring at 4pm on 31 March 2022), the Claimant complies with CPR PD 16 paragraph 2.6(d) and CPR 6.8(b), the claim shall be struck out automatically.”
How am I meant to respond to this? This is the first time that I have received a N244 form in response to a small courts claim.
I’m also concerned that they cc’ed in Watford County Court, which is close to their national head office. I want to make sure that any hearing, as per my previous small claims hearings, is held in my local court and where the property is located (Derby)
What do I need to do next / how do I amend the claim? Is there a charge?
And can this be done by email?
Many thanks
