Defending and counter claim Part 8 Claim

[Hannah stark]

Hi , I’ve received form N271 , from county court informing the claimant that the case has been transferred to my local court as it was served incorrectly . Do I now wait for the claim to be be served from the new court or do I need to acknowledge that it’s been received . 
 

Furthermore the original claim was completed on form CPR part 8 , and I want to file a defence , is this possible or am I not allowed to defend the case filed against me. 
 

any help would be most appreciated. 
 

thank you 

Edited November 17, 2022 by Hannah stark

[Andyorch]

You normally file a response with your acknowledgment of service in part 8 claims.

 

A little background to this claim would assist in giving advice...should it be a part 8 claim?

 

Andy

[Hannah stark]

Hi Andy thank you for replying . Yes the claim was on part 8  . The solicitor acting for the claimant served it to the wrong court and the judge ordered it to be reserved to my local CC in London  as it should never have been served at a court local to the claimant . 
 

The claimant is a tenant and I want to put in a defence and counter claim , so if the solicitor serves it again to my local court in the same form , how do I get my defence lodged and considered . 
 

manyvthanks indeed for your help 

[Andyorch]

Thank you so when you receive the claim you have 14 days to acknowledge service and respond using the appropriate form. (14 days from and including the date on the claim form)

 

(3) A defendant who wishes to rely on written evidence must file it when they file their acknowledgment of service.

 

With regards to your counter claim: -

 

Part 20 claims

8.7 Where the Part 8 procedure is used, Part 20 (counterclaims and other additional claims) applies except that a party may not make a Part 20 claim (as defined by rule 20.2) without the court’s permission.

 

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

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20#20.2

 

[Hannah stark]

Thank you , is this done when I receive the re submitted claim at my local court as it was ordered by the judge to reserve it or do I have to do it to the court the solicitor wrongly sent it to?   

Edited November 17, 2022 by dx100uk
unnecessary previous post quote removed

[Andyorch]

You have to respond to the court which reserves.... but you can prepare now if you have the original wrongly served claim...if you don't have it you will have to wait until receipt of the fresh served claim.

[Hannah stark]

46 minutes ago, Hannah stark said:

Thank you , is this done when I receive the re submitted claim at my local court as it was ordered by the judge to reserve it or do I have to do it to the court the solicitor wrongly sent it to?   

 

Furthermore , when applying to the court for permission is there a form for this or do I just send the court an email. 

 

I am sorry but I don’t understand .

 

Do I send this to the London court ( don’t know who this is yet) as it’s not been re served .  

 

I’ve sent an acknowledgment of service to the out of jurisdiction court but didn’t include any evidence as the order stated  the claim should be re served to London .

 

Why does  it have to go to the old court if they are not dealing with it  and if it has to be re served is there little point in sending a defence to a court who isn’t dealing with it .

 

 Sorry I’m very confused 

[Andyorch]

Your initial post .....

 

Quote

Hi , I’ve received form N271 , from county court informing the claimant that the case has been transferred to my local court 

Does it not state your local County Court name?

You send your Acknowledgment of Service and response to your named Local County Court.

 

I haven't said send it to the old court which has already issued the claim.

 

As per my second post with the scant information you have provided it's very difficult to advise.

 

Very rare for a Part 8 claim being used in a Landlord/Tenant dispute claim......usually a part 7.

[Hannah stark]

I’m so sorry if my information is not clear .  

 

The Cpr8 was sent by the solicitor to Oxford court .

The judge from that court ordered it be reserved to London .

I have not yet received it on London county court paperwork .  

 

My question is

do I need to reply to Oxford even though it’s the wrong court or wait till it is reserved again using the London court 

[Andyorch]

Wait until it's been reserved as per your Notice N271. You can't respond until you receive the claim.

[Hannah stark]

thank you for confirming.  I will of course make a donation  as you have been very helpful .  much appreciated .

[Hannah stark]

please can you send me a link to  get the claim form .  thank you

[Hannah stark]

also how to i apply to the court to get permission to file the claim and counter claim please .

[Andyorch]

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688485/n208c-eng.pdf

[Andyorch]

https://www.gov.uk/government/publications/form-n210-acknowledgment-of-service-cpr-part-8