TOLATA claim by ex

Nush

Junior Member

Joined: Jan 2025

Posts: 2
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#1

TOLATA claim by ex

Yesterday, 12:29:PM

I received and have filed in response to the claim ... My ex has submitted part 8 claim (completely wrong as this is a fully disputed claim of which he was aware), I have acknowledged service and sent defence and evidence in support. What happens next?

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Pezza54

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Joined: Aug 2021

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#2

Yesterday, 13:13:PM

Hi
Welcome to LB
CPR Part 8 Alternative Procedure For Claims is normally used to seek the court's decision which is unlikely to involve a substantial dispute of fact (cpr 8.1(2))
CPR 8.1 (4) the court may decide that the Part 8 procedure is unsuitable and give directions
CPR 8.3 (1)(b) Did you serve your defence and evidence on your ex partner?

CPR 8.5 and 8.6 Your ex may file and serve a reply to your defence and evidence within 14 days

CPR 8.8 (1) (a) and (b) Did you object to the Part 8 procedure?

CPR 8.8 (2) When the court receives the acknowledgement of service and evidence it will give directions as to the future management of the case
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SHORTCUTS

First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire

If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.

NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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