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Hi
I've received a claim form money online court today. Issue Date: 20/06/2025.
Claimant sent me a reference copy of claim form a couple days ago without issue date by email. In the email and claim form, they clearly state particulars of claim will follow within 14 days.
I have a couple of questions about how I should act at this moment:
1. When should I file acknowledge of service online?
I haven't acknowledged the claim online yet. Civil Procedural Rules 5.7 says the service date is issue date plus 5 days. So in theory I can file acknowledgement by 09/07/2025.
However, I want to ask whether I am allowed to file acknowledgement within 14 days of particulars of claim being served to me by claimant? Because in CPR 10.3, it says "The general rule is that the period for filing an acknowledgment of service is 14 days after service of the particulars of claim where the defendant is served with a claim form which states that particulars of claim are to follow"; and rule 9.1 says "Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him".
2. particulars of claim over 14 days
particulars of claim is said to be served to me within 14 days of claim. What if they don't serve particulars of claim within 14 days. Do I have right to let court dismiss claim?
3. Question about rule 7.8: Form for defence etc. must be served with particulars of claim
Rule 7.8 says "When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by –
(a) a form for defending the claim;
(b) a form for admitting the claim; and
(c) a form for acknowledging service."
The three forms are included in the post from court with claim form. Does this rule mean that later when claimant serve me particulars of claim they have to include these 3 forms again? If they don't, any consequence?
Thanks all.
I've received a claim form money online court today. Issue Date: 20/06/2025.
Claimant sent me a reference copy of claim form a couple days ago without issue date by email. In the email and claim form, they clearly state particulars of claim will follow within 14 days.
I have a couple of questions about how I should act at this moment:
1. When should I file acknowledge of service online?
I haven't acknowledged the claim online yet. Civil Procedural Rules 5.7 says the service date is issue date plus 5 days. So in theory I can file acknowledgement by 09/07/2025.
However, I want to ask whether I am allowed to file acknowledgement within 14 days of particulars of claim being served to me by claimant? Because in CPR 10.3, it says "The general rule is that the period for filing an acknowledgment of service is 14 days after service of the particulars of claim where the defendant is served with a claim form which states that particulars of claim are to follow"; and rule 9.1 says "Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him".
2. particulars of claim over 14 days
particulars of claim is said to be served to me within 14 days of claim. What if they don't serve particulars of claim within 14 days. Do I have right to let court dismiss claim?
3. Question about rule 7.8: Form for defence etc. must be served with particulars of claim
Rule 7.8 says "When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by –
(a) a form for defending the claim;
(b) a form for admitting the claim; and
(c) a form for acknowledging service."
The three forms are included in the post from court with claim form. Does this rule mean that later when claimant serve me particulars of claim they have to include these 3 forms again? If they don't, any consequence?
Thanks all.