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Local Court will not accept Form N1 for Specific Performance

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  • Local Court will not accept Form N1 for Specific Performance

    I tried to start a claim for damages against my house builder via the CCMCC in Salford. I completed form N1 and sent this to Salford with supporting papers and the fee £455. My claim for damages, arising from a new house purchase, sought both monetary and specific performance awards. The Defendant failed to reply to my claim and I was awarded judgement in default but only for the quantified monetary damages. No mention was made, in the default judgement, of my claim for specific performance (installation of communal fibre optic cabling and the instating of 2 parking spaces outside my house).

    The little detail I could find on the Internet said my breach of contract claim for specific performance should be the subject of a separate claim. This does not appear to me, to be a CPR Part 8 claim. This specific performance claim would be filed at the local Court with an additional fee of £280. I duly completed the paperwork again (Form N1) and sent these papers off to my local Court for serving on the Defendant.

    The local Court seeing Form N1 has sent these papers off to Salford. No one can tell me why; the claim is non-monetary. My covering letter said Specific Performance in bold. Salford CCMCC tell me that they only deal with monetary claims. The local court Weymouth tell me that all Form N1 claims are sent to Salford, regardless.

    I'm not making any progress. What should I be doing ?
    Perplexed as ever

    Muppet
    Tags: None

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Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
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