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Help County Court problems

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Hi ,

 

Wonder if anybody can help with the following problems which my parents are facing with regard to a UK County Court Claim they have received at their home abroad!!EEA

 

The issue is that they have received this Claim by email and have filed an acknowledgement of service by post notifying Defence of Claim and Disputing Jurisdiction.

 

Here is the issue and anyones urgent advice would be appreciated.

 

My parents have been advised that they should urgently file a Defence to the Claim due to this spurious claim but having read on the site that this may mean that they will lose their right to the Claim of Jurisdiction. Can anyone advise.

 

The Court has advised my parents that they should submit N244 Application the question is how do they do that without posting the defence. Must they submit the defence or application first.

 

The Claimant has made serious errors in the Particulars of Claim but is attempting to obtain Judgrment by default and will pounce if the correct application or CPR rules are not followed..

 

Alll my parents require is the correct guidance to ensure that the Claim is defended and struck out.Can they request a further 28 days in order to proceed with the N244 Application?

 

 

Thanks This is urgent so would appreciate your help

Edited by seelllyfirst2

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CPR 11

 

(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.

 

You don't file a defence you include within your application the evidence as to why you contest jurisdiction.The Court will then direct further.

 

Regards

 

Andy


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Hi Andy ,

 

Thanks for the quick reply and I am passing this on immediately. Am I right that the application has to be made using the N244 form or by registered mail quoting CPR 11

 

Many Thanks

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Hi

 

Yes its the N244 seellly.

 

Andy


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Thanks Andy ,

 

I have got the form and will be getting my parents to deal with this immediately can they both sign the single form or do they need seperate forms at £80 each which is steep

 

Best regards

 

Seellly

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Hi ,

 

Wonder if anybody can help with the following problems which my parents are facing with regard to a UK County Court Claim they have received at their home abroad!!EEA

 

The issue is that they have received this Claim by email and have filed an acknowledgement of service by post notifying Defence of Claim and Disputing Jurisdiction.

 

Here is the issue and anyones urgent advice would be appreciated.

 

My parents have been advised that they should urgently file a Defence to the Claim due to this spurious claim but having read on the site that this may mean that they will lose their right to the Claim of Jurisdiction. Can anyone advise.

 

The Court has advised my parents that they should submit N244 Application the question is how do they do that without posting the defence. Must they submit the defence or application first.

 

The Claimant has made serious errors in the Particulars of Claim but is attempting to obtain Judgrment by default and will pounce if the correct application or CPR rules are not followed..

 

Alll my parents require is the correct guidance to ensure that the Claim is defended and struck out.Can they request a further 28 days in order to proceed with the N244 Application?

 

 

Thanks This is urgent so would appreciate your help

 

 

 

Is it possible to get some more info regarding what was served?

 

Also where abroad are your parent is it in the EU? It is perfectly fine to serve outside of jurisdiction provided the corret procedure has been followed.

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Thanks Andy ,

 

I have got the form and will be getting my parents to deal with this immediately can they both sign the single form or do they need seperate forms at £80 each which is steep

 

Best regards

 

Seellly

 

Are they both named within the summons or two separate summons?

 

Regards

 

Andy


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Hi Ganymede.

 

Parents received by email to their home in the EU a Claim form and response pack.

 

Informed Court in UK by way of Acknowledgement that they wish to dispute Jurisdiction and defend completely the Claim

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Hi Andy ,

 

They were both named in the original Particulars of Claim

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Then they only need one application in joint names without an hearing £45.Could you confirm who served the email/summons? Can you confirm it was issued through Preston or a specified Court?

 

Regards

 

Andy


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Hi Andy and thanks for this. Can I pay the Court direct for this as my parents do not have any way of paying for it other than making a Euro payment.

 

Claim form was from the Northanpton Court and having talked to the Salford Money Centre it was a paper claim so parents unabble to monitor progress over Internet. So you can aoppreciate there concerns with delays of post etc. etc.o

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Could you confirm who served the email/summons? Northampton or Sols... what address is on the summons?


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I have to log out now seelly don't do anything until we clarify how this summons was served.

 

Regards

 

Andy


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Hi Andy ,

 

The emailed Claim Form was sent by a firm of Solicitors not Northampton and the address of service was a UK one! My parents queried this and insisted on the service by post due to this and once again the claim form which my parents signed for was again the Paper Form and the UK address although this time the accompanying Letter was addressed to the correct address in EEA.Can you appreciate my parents concern

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Thought so...they are attempting to get around correct service.Electronic service is allowed ,providing they have the correct address and have specified a Court.

 

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

 

Continue as per post#10

 

Regards

 

Andy


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The thing that concerned them was that the response pack sent in the email stated clearly.

 

Address for Documents>

Please note the service regulation provides that cross-border service by any direct means including fax or email is not permitted within the EEA

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Hi Andy ,

Thanks for all your advice and parents say thanks for everything. I am looking at theN244 form and is it just a matter of listing both the 2 defendates names in the first section/

 

Can i pay the fee and most importantly having looked at the Justice site you

recommended can we file electronically or would it be safer to send this to the Court signed for with the required payment.

 

Thanks again signing off as need a break and it is Friday

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Yes list joint defendants on the N244.With regards to filing and payment check with the Courts I would assume it would require your parents signature on the application and whether they would accept payment from yourself.

 

Regards

 

Andy


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Good Morning Andy

Have talked to parents and all is ready only issue is are they able to file using scanned copies I have loooked again at the Justice site and it is a little unclear as a section mentions Applications to the Court that requires a fee payment may not be accept for electronic filing.

 

Would it be possible to prepay by myself and the send registered from parents home and due to the postal service what is issue if the N244 notice is late?

 

I am thinking of getting my parents to prepare the forms and then getting them scanned (Village have shop )then sent to me and I can submit.Any advice.

 

Also finally any advice on wording of application

 

Best regards

 

seellly

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Parents (Dad) have just emailed to say they will fly to uk if necessary as they are soconcerned about the way they have been treated over this.

 

Postal service is slow from their location so they are checking now quickest way. Is it possible to notify the Salford Money Claim Centre of the sent N244 Application and would it be adviseable to also copy in the Claimant Solicitor in as well

 

What is situation as to late arrival here in U.K. although proof of Pstage obtained.

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I personally would check with the courts (explain the situation) and ask if a scanned copy of the application is acceptable.I personally cant see a problem as long as it signed.I cant see a problem with payment by yourself either.Check it could save the cost of a flight.

Can you PM me were they are actually residing now.

 

I will draft some wording shortly for the application.

 

Regards

 

Andy

  • Confused 1

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Yes thank you seellly.

 

Ok proposed draft order to attach to N244

 

#####Draft Order#######

 

 

The claimants have attempted to serve this claim out of jurisdiction by using email attachment and without the permission of the Court. The summons is addressed to a previous address which we no longer reside at.

The claimants have not attempted to serve the claim through CPR 5C PD6.1. or CPR 6 (6B PD3.1)

 

It is requested that the claim be struck out CPR 3 PD3.4 © that there has been a failure to comply with a rule, practice direction or court order.The Claimant has not sought permission to serve out of jurisdiction.

 

 

Check and edit to suit.

 

Regards

 

Andy


We could do with some help from you.

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Thanks Andy I am copying this to parents urgently but really appreciate the advice and time you have spent over this.

 

Best regards

 

Seellly

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Hi Andy ,

 

Can you help with the following as my parents have been told that the N244 has to be filed as a hard copy only.To be sent to Salford as the Claim issued through Northampton. Also fee is £80.00

 

They are worried that they will not get it to the Court in time Although the office has stated that a 21 day period is allowed.

 

Your advice would be much appreciated

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