Court Bundles

Some of the following words are from Legal Beagles Web site:
By Post – The Response Pack

Most claims will come with a number of documents known as the ‘Response Pack‘.

The court claim should arrive with instructions on how to respond, and detail the date you need to respond by.

Most claims will come with a number of documents known as the ‘Response Pack‘.

You should complete the ‘Acknowledgement of Service‘ section of the response pack carefully using the details from the claim form.

Enter the Court, Claim Number, Claimant Name and Defendant name from the claim form you have received.

Enter your address where you can receive post.

You should tick option 2 – ‘I intend to defend all of this claim‘.  This is not binding and if, after further investigation or consideration you decide to admit the claim or make an offer to pay by installment you can.

At this stage you are simply informing the court and the claimant you have received the claim and are taking action.

 This stops the claimant obtaining a judgment by default and extends the time period you have to respond fully to 28 days from the day you received the claim form.

You can complete your date of birth. This is simply for identification should there later be any query that you are the correct person.

Once you have completed the form ensure you sign and date it, and return it in the post to the Court Address printed on the claim form. Usually this is CCMCC. They have a Box Number Address so no-one to sign - use a CERTIFICATE OF POSTING instead. Check the written details as to whether you can use e-mail instead.

When you are completing the ACKNOWLEDGEMENT OF SERVICE Court Form N9 please be aware that there are no 'Expert Witnesses' that are available to help you. The Form MUST be completed within 14 days of the date of Service or you risk getting a Judgment against you automatically. It is wise NOT to attempt to write any Defence until or unless you have our help and/or legal help with a Defence.

If you allege that the Field Sales Agent misrepresented the Terms or provided an outrageous valuation, but that is your ONLY Defence item, then that is the only Defence that a Judge can rule on. Ideally you need to write about any lack of Identity-checks (of yourself and all other Beneficial Owners). These checks must stem from the Field Agent having sight of, and taking copies of, items such as Passports, Driving Licences, Utility Bills). An electronic check on its own, obtained several days after agreement-signing, has been deemed by various Judges as insufficient.

You also need to include a allegation that the 'agreement' for Sole Selling Rights breaches The Estate Agents Act and The Estate Agents (Provision of Information) Regulations 1991 - but only if that is applicable in your case.  It is well-worth getting full legal help with one of CEBTA's recommended solicitors if the Claim is above £3,000.

See We at CEBTA are grateful for Legal Beagles explanations.

Please also be aware that if the Claim is against two or more Defendants - maybe the second Defendant is a Limited Company - then TWO separate Acknowledgment of Service Forms are needed. The Limited Company Form should be signed by the Director who is being sued - print your name, sign your usual signature, but at the Foot of the Form you need to complete the 'Position or Office Held' Section and state 'Director'.  Do not forget Date it. The date must be within 14 days of the date stamped on the Claim Form. We recommend that you tick "I intend to defend all of this Claim".

It is best to use the same address for both Defendants. The only part of the Form that differentiate the different Defendants is the 'Defendants Full Name' section on the top left of the Form, plus the box to the right where it states 'Defendant'. For one Form, the Defendant is usually a person, for the other it is usually a Limited Company name.

You do not fill in the name of your local Court - the Claim has usually arrived from CCMCC (County Court Money Claims Centre) or from CCBC (County Court Business Centre). The only ways you should return the Forms are: e-mail (if the Form gives an  e-mail address) or by normal First Class Post having obtained a Certificate of Posting from the Post Office clerk.  Keep the Certificate carefully and a copy of the completed N9 Form.  'Signed for' Recorded mail will be returned to you,  because the Court either has  P O Box number - literally a mail box that is opened once daily and all the mail removed so no-one can sign; or, in the case of the CCBC there doesn't seem to be a policy of signing for mail.

If the Court write to say they have not received your N9, by following the recommendations above, you can at least prove that you completed it and you posted it.