Can money claim go on same form as non-money claim?

[Thomas_P]

Hi all

I am starting a non-money claim to recover goods that I purchased, but I also want to claim a partial refund and damages. Can I put all of this on the N208 or do I need to complete an N1 too? Can the damages be on the N208 or do they need to be on the N1? If all goes on the N208, do I just pay the non-money claim fee or a money claim fee too?

Thanks in advance!

[Thomas_P]

Hi all

Does anybody have the answer to this please?

Thanks

[R0b]

The N208 form is used for Part 8 proceedings which are intended where there is not a substantial dispute of fact or where the civil procedure rules state that Part 8 must be used.

If you want any help you are going to have to give us more background to your claim.

[Thomas_P]

Hi

I am issuing a non-money claim for recovery of photographs, but also want to claim a partial refund and damages.

I believe the recovery of photographs would be on form N208, as it is a non-money claim. However, it is unclear if I can include the partial refund and damages on form N208, or if a separate N1 would be required for these? Also, if all claims can be included on the N208, do I need to pay a money claim fee in addition to the non-money claim fee?

Thanks

[R0b]

Either would suffice although I would only suggest going down the Part 8 proceedings if the person in possession of the photographs is not disputing that they belong to you. Otherwise I suggest you complete the N1 form instead.

Asking the court to make an order to deliver up the photographs would be considered as injunctive relief and so there would be additional costs involved in addition to the costs for making a money claim.

I assume that the person in possession of the photographs is refusing to give them back and so your claim would be in conversion e.g. depriving you of the goods and treating them as if they were their own. Since injunctive relief is at the discretion of the court, so if the court does not agree to making such an orde rthen you should plead your claim in the alternative and ask for a sum of damages in lieu.

[Thomas_P]

Hi

Thanks for you reply.

The Defendant is a photographer who was employed to take the photographs. I have proof of payment etc and evidence that I have not been provided with the photographs, so they will not be able to dispute this. I believe a Part 8 claim is the correct process to recover the photographs...is this correct?

I am just concerned that, if I include the claim for partial refund and damages (i.e. money claimed) within the Part 8 claim (i.e. non-money claim), the court will disregard this? Can these money claim elements be included in the Part 8 claim? If so, if I pay the non-money claim fee (£308 in the County Court I believe), do I need to pay a money claim fee too in order for the money claim part to be valid? If so, does the money claim fee take account of the claim for damages and how would I put a value on this if I am simply seeking for the court to determine how much damages to award?

Sorry for all the questions...I can't seem to find the answers to this anywhere!

Thanks

[Thomas_P]

Hi

I think I understand it now...please could you confirm if the following is correct -

I issue a money claim for the partial refund and damages on form N1, and apply for an injunction, linked to the claim for money, to force the photographer to provide the photographs to me? So money claim fee for N1 and injunction fee?

The only thing I am not sure about now is what value do I put on the money claim? Is it just the value of the partial refund or do I have to put a value on the damages and pay a higher fee that takes account of this?

Many thanks

[Thomas_P]

Hi

Do I need to post this as a new thread to get a response?

Many thanks

[R0b]

You can either use Part 7 (N1) or Part 8 (N208) proceedings to bring your claim but as I said Part 8 should only be used if there isnt a substantial dispute about the facts of the case. If I recall, using Part 8 proceedings also requires you to serve your witness statement at the same time as the claim whereas Part 7 proceedings you don't need to, and defendant's don't need to file a defence but only a witness statement.

So there are some quirks between the two methods of proceedings but as this sounds like a contractual arrangement, I would be inclined to use the N1 form. It is however entirely your choice.

You would pay the non-money fee being the £308 you mentioned and then the fees based on the amount of monetary damages you seek. As to what figure you put on the photographs that's something I can't give you, but I odubt it would be anything extortionate. For example, you could claim all costs back that you paid for having the photos done, or if they hold some kind of sentimental value, you could try to put a figure on it but that's the difficulty. If you claim an unspecified amount then your fees become £10,000 so you would be wise to consider putting some kind of monetary value on it.

[Thomas_P]

Great...thanks for your assistance with this!

So I am going to use an N1 for the partial refund and damages, for which I'll pay the relevant money claim fee, and an N16A for the injunction to force the photographer to provide the photographs, for which I'll pay £308.

Is this correct? I don't need to submit any other forms do I?

Many thanks

[R0b]

It's not necessary to use Form N16A in addition to the N1 Form, you can add them together. So for example, at the end your particulars of claim where you say "and the Claimant claims:" you would simply put something like:

(1) Damages for .....

(2) An order that the Defendant deliver up the photographs to Claimant's address forthwith.

(3) or alternative to the delivery up of said photographs damages in lieu in the sum of ...

You then pay the £308 fee together with the money claim fee.

You also need to produce the documents in triplicate form, one for you, the court and the defendant.

Best serving a cover letter too confirming that.

[Thomas_P]

Hi,

Thank you so much for your assistance with this and for not judging me ...I'm not completely clueless, it's just that I've never dealt with a non-money claim before.

Thanks again!

[R0b]

No problem, if you want feedback post up your claim with personal info remove and one of us will comment on it or point you in the right direction.