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Acknowledgment of service

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  • Acknowledgment of service

    Hi,

    Having received Acknowledgment of service N210, I need support in completing this form and returning it back within 14 days.
    This is part of an ongoing boundary dispute where the claimant has not responded to my solicitors letters and his chasers for over 18 months until now. Their claim has moved to now on harassment as their base for a claim with Claim Form CPR Part 8.

    I am unable to see a solicitor until February and by then the 14 days will be up, I completely disagree with the false allegations with no supporting evidence. The form has the following options:

    Section A I do not intend to contest this claim
    Section B I intend to contest this claim
    Section C I intend to dispute the court’s jurisdiction
    Section D I object to the claimant issuing under this procedure
    Section E I intend to rely on written evidence


    I strongly disagree and in the process of meeting a solicitor, could someone please confirm which option I select and would this give an extension to 28 days.
    Also would I need to write to the claimants solicitor for an extension as 14 days to visit solicitor and put up a defiance is a long shot.


    Thanks
    Tags: None

  • #2
    Good morning

    I think the answer is in CPR 8.

    CPR 8.5 (3) seems to me to clarify that you have 14 days to file the AOS, and you must file your evidence at the same time. So i dont see you get the 28 days you want.

    Filing and serving written evidence


    8.5

    (1) When the claimant files the claim form, they must also file any written evidence on which they intend to rely.

    (2) The claimant must serve their written evidence on the defendant with the claim form.

    (3) A defendant who wishes to rely on written evidence must file it when they file their acknowledgment of service.

    (4) If they do so, they must also, at the same time, serve a copy of their evidence on the other parties.

    (5) The claimant may, within 14 days of service of the defendant’s evidence on them, file further written evidence in reply.

    (6) If they do so, they must also, within the same time limit, serve a copy of their evidence on the other parties.
    Incidentally is this claim disputed at all? Is there a substainsal dispute over the facts they have claimed?
    Last edited by pt2537; 23rd January 2024, 11:31:AM. Reason: wrong clause
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      CPR 8.5(8) allows for applications to extend time, and 8.5(9) allows for agreement to extend time:

      (8) A party may apply to the court for an extension of time to serve and file evidence or for permission to serve and file additional evidence under rule 8.6(1).

      (9) The parties may agree in writing on an extension of time of not more than 14 days for serving and filing evidence from the defendant and of not more than 28 days for serving and filing evidence in reply.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        Hi, Thanks for accepting me on this forum.
        My question is to do with inheritance. I had a affair with a married man 38-years ago and together we has a son.
        we didn’t put his name on birth certificate due to people finding out but we stayed close and spoke nearly every week throughout these years.
        In December he died and although we both agreed we would ensure a legacy would be left for our son I really don’t think he has made any provisions

        Comment


        • #5
          Jotom Please start your own thread. Do not hijack other topics.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Guides and handbooks for Litigants in Person - :

          https://legalbeagles.info/forums/for...60#post1701560

          Comment

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