How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SolicitorRM Your Own Question
SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 2973
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Property Law Question Here...
SolicitorRM is online now

What is the form to oppose to teh usage to teh Part 8

This answer was rated:

What is the form to oppose to teh usage to teh Part 8 procedure ?
If you have been served with part 8 proceedings and you do not agree they are the correct procedure then you defend the claim by filing your response to the claim in accordance with the directions that would have come with the claim. I hope this helps.
You can check guidance in form 208C if you haven’t done so yet: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688485/n208c-eng.pdf
Customer: replied 12 days ago.
I have not been made award taht it was part 8. I believed it was a part 7 counter claim. Should I oppos ewith a N244 ?
Customer: replied 12 days ago.
The CCMC has been done yet and teh track chosen!
What was served on you though? Form N1 of Part 7 or form 208 if part 8 and it will have come with your defence and counterclaim pack. What you received should tell you what claim has been brought against you. If not clear the court number will be on the claim served on abd they will simply tell you, it’s not meant to crack your head figuring what type of claim is made against you.
Customer: replied 12 days ago.
Standard direction questionnaire
Customer: replied 12 days ago.
with teh counter claim
Customer: replied 12 days ago.
So fee paid was £308 so i know that the counter claim is Part 8 otherwise I wont know it
I have to log onto the desktop to access the attached as the app won’t open them. Can you clarify something are you claimant or defendant? What is the claim? The type of claim is really what’s important to establish type of chain. The fee can suggest yes but it could be a error too by the court.
Customer: replied 12 days ago.
Claimant for a smakll claim for unpaid rent and defendant of Pert 8 repudiary breach in a counter claim which ended up in a multi track

you are focusing on an issue that really shouldn’t be your main focus. You have been served with a defence and counterclaim, you should be concerned with filing your reply and defence to the counterclaim. The fact that the counterclaim is for a value that lends this matter in the multi track means you cannot delay filing the DQ and you ought to file the reply and defence within 14 days of getting the defence otherwise you will be hit with costs. The matter would not continue as part 8 even if that had been the intention because there is clearly dispute of fact that requires to be dealt with under part 7. The multi track gets very complex procedurally so please consider engaging a solicitor or public access barrister to file the reply and defence to counterclaim without delay. The court would notify you expressly if the claim that you have started under part 7 is now under part 8 and the reasons. The defendant has a solicitor draft their defence and they would have expressly requested to the court to change from part 7 but I doubt it would happen given the apparent disputes. I hope this helps.

Customer: replied 12 days ago.
I ahve done all this. I have got a CCMC.
Teh counter claim only is Part 8.
Can't afford solicitor. tehy said it would cost £80 000. Don't have even £2000 in bank and I can't pay VAT.

How can i appeal teh allocation to multi track ?
Customer: replied 12 days ago.
By some way, if i lose, my company will just go banskrupt (and tehre is no asset in it) but I have put a £50 000 personal loan to support it. So, I would like to do teh think correctly

Hi thank you for your further information. You cant appeal the mutli-track allocation if the counterclaim brings the combined value of the claim being considered by the court above £25,000.00.

Well, that is true, I would just say to get a financial adviser to speak to you about the implications of going bankrupt. The bank may have one that can meet you for free, or the citizens advice bureau could also advise. It can be quite disabling.

All the very best

SolicitorRM and 3 other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
It is around £3000 afar below £25000. It is on multi track because Part 8 has been used and it is the default track for Part 8
Customer: replied 11 days ago.
I am a limite dcompany. I would lose the £50 000 that I put inside as a director