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JimLawyer
JimLawyer, Solicitor
Category: Property Law
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Experience:  Senior Associate Solicitor
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How can you oppose to teh usage of teh Part 8 procedure

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How can you oppose to teh usage of teh Part 8 procedure whence the facts presented are totally untrue ? What are the form ? Do you have an example ?

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Once proceedings are issued then the court will send you papers to allow you to respond with a defence. If the facts in the Part 8 claim are untrue, you can apply to strike out the claim though you should file a defence first of all in case the application fails for whatever reason.

Do you want the form and procedure with how to apply to strike out?

Customer: replied 7 months ago.
I failed to have the court agreed that they are untrue. But I think I can apply that they are in dispute and so the procedure Part 7 should be use instead. How should I do ?

the part 8 procedure is used to ask the court for a decision in a simple dispute. No damages are usually claimed in Part 8 proceedings. Whereas they are in Part 7 proceedings.

Are you the defendant?

Customer: replied 7 months ago.
I am a counter defendant. You already see counter claim (Part 8) in a previous question. They mention a loss of £170 000
Customer: replied 7 months ago.
Ity is use for a question about a repudiary breach ?
Customer: replied 7 months ago.
of a lease

Yes, Part 8 is used for breach of contract cases.

Customer: replied 7 months ago.
I am defendant of the counter claim. It is about a repudiation breach of a lease.

Thanks, ***** ***** for filing that directions questionnaire has long passed (October 2019). Have you filed one? If a counter claim has been made against you, you need to have filed a "reply to defence and counter claim" too.

Customer: replied 7 months ago.
I fill one but I have not oppose to teh use of Part 8 as I did not know it was part 8. Shoudl I oppose with a N244 as most the facts are dispute. I even dispute the fact they lose money
Customer: replied 7 months ago.
I read that Part 8 can not be used if there is a substential dispute of facts.
Customer: replied 7 months ago.
I have answer with a normal direction questionnaire not one specific to Part 8 (the usage to part 8) was hidden to me.

Yes, Part 8 is to be used for straight-forward cases, not complex ones. The Part 7 procedure is designed for those ones.

Are you able to upload the documents so I can see what has gone on? I can then refine my answer for you.

http://ww2.justanswer.com/help/how-do-i-send-photo-or-file-expert-hl

Customer: replied 7 months ago.
Counterclaim - You know it already
Customer: replied 7 months ago.
I have also reduced my claim for unpaid rent to one property (I have not got any answer from teh court on this!)
Customer: replied 7 months ago.
Teh last allocation order of teh court. Please note taht the judge wanted to estmiate teh issues despite the facts that all issues were the reposibility of the tenants

The directions state lists of documents are due by the 17th January. Have you done that yet?

Customer: replied 7 months ago.
I just realise that part 8 procedure should be opposed when teh facts are dispute. Also I can't offer a Part 36 settlement as I got no figure for teh (fictitious damage) by a budget of a CCMc of 50 000 against me
Customer: replied 7 months ago.
I have done teh think due for teh 10th January only. I have sent a list to teh defendant solicitor with a form

That's good, they may ask for copies of documents which were in your form (they will send you their list of document and you can do likewise, i.e. ask them for their documents).

Customer: replied 7 months ago.
I recieved it.

OK, what else would you like to know about the case?

Customer: replied 7 months ago.
Teh Part 8 procedure make it impossible to settlement the case and to edge by a Part 36 to edge teh CCMC cost budget of £50 000 against me which is totally disproportionate considring teh unpaid rent amount of now £10 000
Customer: replied 7 months ago.
If it were Part 7, they woudl claim an amount for damage which would set up teh track on a small claim or fast track as tehy won't ask much damage (the events took place 5 years before I bought teh property in March 2019)
Customer: replied 7 months ago.
i want to contest teh use of Part 8 procedure.
Customer: replied 7 months ago.
the track choosen. Is it with aN244, an appeal (how to appeal against a direction order).

You would need to apply to the court if you feel the procedure is the incorrect one. It means an N244 form and a fee of £255 payable to HMCTS. There are no guarantees your application would succeed and the court has already made directions in your case.

It's the N244 application and a witness statement/draft order - copies attached. You need 3 copies of the application with the fee and post it to court. A hearing will be likely when you make the application.

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

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