Claim form confusion

[JazzyLady]

Hi

I have received a N1 today (10/8/17) with a hand written Issue Date of 20/7/17 on it in a different pen to the name of the court (which is also hand written). There is no acknowledgement of service documentation in the pack I received, just the particulars of claim. How do I acknowledge the claim without a form and when do I need to respond by? Also when would the defence be due in?

Many thanks for any guidance.

[Amethyst]

Re: Claim form confusion

Is there a claim number on the N1 ? I'd give the court a call tmw and tell them it was only served yesterday and you don't have an acknowledgment form - will let them know it's been served late so should be able to put a note to stop any attempt at gaining a default judgment, and also enable you to check it is genuine. You can download the response pack from the hmcts website to complete the acknowledgement - I'm guessing it's not come from the court business centre so using moneyclaim online isn't an option?
If it's been served by the claimant they should submit a certificate of service to the court, and they have up to four months to serve after the claim is issued. Acknowledgement is within 14 days from service and Your defence date should be 28 days from service. But best bet is to give court a ring tell them you want to acknowledge and see what they say.

How much is the claim for?

[JazzyLady]

Re: Claim form confusion

by the way the claim form came from a solicitor postmarked 7/10/17 and sent second class.

[JazzyLady]

Re: Claim form confusion

It is a TBA on the claim amount, but they've only paid £308 fee which it is really a TBA it should be £10,000 according to the fees listing on the courts website - all very confusing - especially when I read the particulars of claim that actually state that I was in the right, but still they are taking me to court. It is just a headache I don't need.

[Amethyst]

Re: Claim form confusion

£308 would be for a claim for something other than money - eg for an injunction or specific performance etc. Here's the CPR on Part 8 claims - https://www.justice.gov.uk/courts/pr...l/rules/part08 Is it for something other than money - resolving some kind of question or something ?

Check the claim is genuine tomorrow with court and get it acknowledged, you still need to acknowledge even if it is a part 8 claim or you won't be able to respond to the claim, although seems if it shouldn't be in part 8 and is in fact a moneyclaim you have to say so at acknowlegment stage ... if you want to put a bit more detail, or post the particulars of claim, it might help to have a couple more pairs of eyes over it to help you deal with things.

Have you been communicating with the solicitors pre-action ?

[JazzyLady]

Re: Claim form confusion

The solicitors and I were communicating in Jan to early March. I put various things forward as solutions, but everything was rejected. Then a fence (that according to the deeds is my responsibility) was damaged in a storm, I of course had it replaced and was accused of criminal damage. The police said NFA as I had replaced a rotten fence with a new one and I had offered the fence panels to my neighbour who was claiming they were theirs but they declined them. Now they are saying that I unlawfully kept them (even though according to the deeds they belong to me!) I still have the things in my garden. After that I heard nothing and I thought they had thought better of everything. It is a horrid neighbour dispute. One of the things they want me to do is not trim a hedge at the bottom section of the drive (which according to the deeds belongs to me) on my side as I have a very narrow drive. They say it is wrong for me to trim it ever as it is their hedge. They trim their side! A boundary dispute I suppose.

As I said earlier, a headache I could well do without!