Help County Court problems

[AndyOrch]

Ahhh are they aware of the contents of the application and why? If the strike out request is removed then there should be no need for an hearing (£80) but £45.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part05b

 

3.2

 

Subject to paragraph 3.2A, a party must not use e-mail to take any step in a claim for which a fee is payable.

 

3.2A

 

A party may make an application using e-mail in the Preston Combined Court, where he is permitted to do so by PREMA (Preston E-mail Application Service) User Guide and Protocols.

 

seelly couple of points which have troubled me :-

 

How did the sols get your parents email?

 

Was the summons ever served on their previous address?

 

What has happened to said property since they left?

 

You can pm me if you feel this is to sensitive for open forum.

 

Regards

 

Andy

[seelllyfirst2]

Hi Andy

 

Does the Preston Combined Court cover the Northampton Bulk Centre?

[seelllyfirst2]

Also is it correct that you have 21 days from acknowledgment when disputing Jurisdiction

 

Will PM you on other items

[AndyOrch]

Also is it correct that you have 21 days from acknowledgment when disputing Jurisdiction

 

Will PM you on other items

 

 

CPR 11

 

(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

(4) An application under this rule must –

(a) be made within 14 days after filing an acknowledgment of service; and

(b) be supported by evidence.

(5) If the defendant –

(a) files an acknowledgment of service; and

(b) does not make such an application within the period specified in paragraph (4),

he is to be treated as having accepted that the court has jurisdiction to try the claim.

 

Preston Combined Court could complicate this it was just an idea but by all means make enquiries.

 

Andy

[seelllyfirst2]

Does the date of Acknowledgement of service be set as the date of receipt by the Court or the date on the acknowledgement form. As this will be critical.

[AndyOrch]

AoS is governed by the served date ( 33 days 5 deemed served so 28 (14 to AoS and a further 14 if defending).

[seelllyfirst2]

Hi Andy ,

 

As my parents are making a application N244 as per post 23 are they tied to the 14 day rule or is it just a standard application that can be made at any time

[AndyOrch]

They are defending under the Contest Jurisdiction CPR the above is the procedure post# 29

[seelllyfirst2]

Thanks Andy ,

 

Puzzled why the Court office stated 21 days from Acknowledgement allowed for Jurisdiction. Does within 14 days include the date of Acknowledgement of Service?

 

What recourse is there if the Application is a day or so late.Due to post etc given that they are abroad

[AndyOrch]

(a) be made within 14 days after filing an acknowledgment of service; and

(b) be supported by evidence.

 

I assume there would be a certain leniency