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If a claiment was ordered by the Judge to reissue the acknowledgement of service form again and enter the particulars etc on the correct form. The claim was reissued a new court number as it had been transferred to County Court.

On receiving the court papers from the claiment again the particulars are issued in the new court number but the acknowledgement of service still remained in the old court number.

Is this correct or should all the paperwork and the acknowledgement of service both be in the new court number.

 

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I don't know if anybody will have the answer to that question but it certainly sounds like a recipe for a complete foul up.

The County courts are very decent but very often hopelessly inefficient.

Now that you have noticed that there is a possible problem I suggest that you start telephoning and pointing it out – and then maybe confirm things in an email.
Maybe somebody else will come and give you a better answer but that's how I would start for the moment. Please keep us updated


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No need to issue a new claim number...unless the first claim was discontinued.

 

if you could provide a bit more detail as to the chain of events......Im confused why a court would order a claimant to reissue form N9 ?

 

Andy


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Started life as a road traffic accident in another court.  Which then got transferred to London County Court as it is a probate case.

Claiment ordered to reissue claim with new acknowledgement of service.

So the claim was given a new number by the London Court.

Received paperwork in new claim number but actnowledgement of service still issued in the old number.

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Scratch out the number then and replace with the new...I would check with the court and confirm the original claim number is now dead.


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Pay the correct court fee?

As the court ordered the claiment to reissue the claim as a probate case, when would the claiment have to pay the 5% of the amount for claims worth between £10,000 and £200,000?

Is there anyway I can check to see if this has been paid, as I do not trust what this person is doing.  As I believe it is at the beginning of the court claim is it on a special form.

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Hi.

 

I think it would help us to advise if you could elaborate on how a road traffic accident turned into a probate case please. It isn't obvious to me how the two are linked, so an explanation could really help. :)

 

HB


Illegitimi non carborundum

 

 

 

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Hi

It was due to the fact that the claiment started proceedings as a road traffic accident with a mixture of probate documents.  Transferred to London court who told claiment to reissue claim as a probate claim.  I do not know why they started it off that way but they did.  Which leads me to my original question as to how do I know if they have paid the correct court fees.

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The claimant will be directed to pay the fee on issuing the claim....Its still the same as a part 7 claim...but all probate claims are Multi Track.

 

The claim would not be issued without payment..which as you state is 5% of the total claim 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part57

 

Andy


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Thank you for your replies, the reason I am questioning this is due to the fact the only payment I can see is on a N208 form the sum of £308 for court fee.

I do not see the 5% figure thats why I am asking?

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Okay so they have issued it as a Part 8 claim (n208)...that fee is incorrect...have a read of the following.

 

https://www.civillitigationbrief.com/2018/08/28/the-correct-fee-on-a-part-8-application-dont-let-the-court-staff-make-you-hand-over-money-for-nothing/


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Thank you for your reply, it appears that they have paid the incorrect fee.

Which leads me on to two further questions.  I hope you do not mind.

 

1.  Should I have entered a defence to this claim, as it stands?

 

2. What do I do now in relation to the claim not being file correctly (court fee)?

 

Do I draw it to anyones attention.

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CPR 57.4

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part57#57.4

 

CPR 8

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08

 

No your not required to submit a defence at this stage read the above.

With regards the fee thats really between the claimant and the court and I'm sure it will be picked up once the total value of the claim is decided.


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I am sorry I have just check second bundle of papers and the form changed to a N2 with court fee £308.

Does this make a difference, or have they still file incorrectly?

Once again sorry.

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The N2 is the correct form to use in Probate Claims,,,as regards the fee as stated above...I would be concentrating on the claim rather than the fee


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Thank you for your replies, I am concentrating on the claim but unfortunately the behavour of this person in the past where we have had to correct the court papers submitted I just wanted to make sure it is all correct now without them pulling any more of there stunts. 

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The issuance fee can only be determined once the claim is concluded on a Prt 8 claim


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