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Would this be enough to kill a repossession action?

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  • Would this be enough to kill a repossession action?

    CPR 55.3.1 states ' The claim must be started in the county court for the district in which the land is situated'. If the claim is started in another court, in a different county, and not transferred to the local court, would this be enough to stop proceedings?
    I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!
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  • #2
    Re: Would this be enough to kill a repossession action?

    what if you were to defend it solely on the basis of where it was situated, surely by filing to amend the court where the hearing would be held would be sufficient to allow the case to proceed?
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

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    • #3
      Re: Would this be enough to kill a repossession action?

      Thing is, it states that it must be started in the local court. I agree, once started, it could be transferred, but the protocol says must. Transferring it to local court would not be starting it in local court...

      I'm simply trying to understand if there is any significance in the word 'must'. Why have 'must', when 'should' will do?
      I am not a solicitor. Please seek your own legal advice before relying on my comments in this forum!

      Comment

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