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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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If our RTM is served a writ stating a notice of hearing date

Customer Question

If our RTM is served a writ stating a notice of hearing date in the West London County Court without a response pack including a form of acknowledgement of service have I been served correctly by the solicitors.
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

Our Right to Manage Company has been served a writ to make repairs to the building the writ arrived from the lawyers with the claim form particulars of claim,the the 20 page lease,3photos demonstatingthe poor condition and order of the front of the house, 4 seprate correspodence between parties,the claimants witness statement and the Notice of Hearing date at the West London County Court. THIS IS THE ONLY DOCUMENT THAT HAS A DATE ON IT. Claim only hasa number


A friend told me it should have been issued with a response pack which was definately not received so I have no knowledge as to what the next steps are.


Have I been served correctly and if so how do I find out when I was served?


 

Expert:  Stuart J replied 4 years ago.

Who is claimant?

Do you accept repairs need doing?

Do you have any defence?

What is your part in this?

Who served the papers?

Customer: replied 4 years ago.

A leaseholder who rents out his property and is a member of the RTM


Yes he knows we are in the process of issuing an S20 for repairs they should be out this week as surveys have been done


 


I am the sole director of the RTM that has 3 other members one being the instigator of the writ and two other leaseholders who live on the property. One of the leasholders who has 2 flats he rents out is not a member of the RTM neither is the freeholder.


 


Will Oates a solicitor at Attwells Solicitors Beacon House White House Rd Ipswich sent the email to the registered office of the RTM

Customer: replied 4 years ago.

If our RTM is served a writ stating a notice of hearing date in the West London County Court without a response pack including a form of acknowledgement of service have I been served correctly by the solicitors.

Expert:  Stuart J replied 4 years ago.

Was this served by email?

What does the lease say about service of notices?

Customer: replied 4 years ago.


Thank you. I will check. I received it by email I must check to see if our managing agents received it by email.


 


 

Expert:  Stuart J replied 4 years ago.

Lack of response pack doesnt invalidate a properly served claim form although it must be served in accordance with the lease. I dont know how the claim form has a hearing date on if this is the 1st you have heard.

The response pack is here.

  • Form N9 - Acknowledgment of service / Response pack.
  • Form N9A - Admission (specified amount).
  • Form N9B - Defence / counterclaim (specified amount).
  • Form N9C - Admission (unspecified amount and non-money claims)
  • Form N9D - Defence/counterclaim (unspecified amount and non-money claims)
  • Customer: replied 4 years ago.

    It was served by post as per the lease but without a response pack and it does have a date to appear in court.

    Expert:  Stuart J replied 4 years ago.

    Is this the 1st paperwork you have had in respect of this?

    What is the claim in respect of?

    What is the claim form number (bottom LH corner)?

    Can you email me or attach a copy?

    Thanks