PART 8 CLAM FORM

Hello

I would appreciate some help please. I am applying for an order for sale on a property. Does anyone know which form I need to fill in?

I was under the impression is was N244 but when I call the court to check the fee I was told it was the Part 8 Claim form that I need to fill in.

I am confused now.

Any help?

Thanks

Hi Vanilla30,

Are you forcing the sale with a court order ? I know it''s costly, but it maybe worth going thru'' your legal team, from what i''ve heard, it''s not the easiet of processes to deal with/go thru.

Sorry i can''t be more helpful, but maybe research as much as possible, loads of good advise on here.

Thanks for the reply. I don''t have legal representation. I am going it alone. But the forms are confusing as to which to complete but I think its the N208 (part 8) just want to make sure before I fill it in.

There is Part 8 and there is Part 7. Part 7 is front-loaded which means you present your whole case (using particulars of claim) when you issue whereas part 8 is back-loaded which means you prepare a short form and the evidence is presented afterwards.

Part 8 (using form N208) is generally used in cases where there is unlikely to be a substantial dispute of fact.

In your case the facts are probably not in dispute - it is merely a decision over whether the house is sold or not that you need the court''s intervention.

Charles

Thank you Charles.

Yes it''s quite straight forward really. We each own 50% as joint tenants. There is substantial equity.

I wanted to make sure I was filling in the correct form.

I am including details of the claim in the form of a statement, setting out the details of what I am asking the court to order.

Do I need to include a draft order as per N244?

Regards

N208A is the guidance note for completing the N208 and is found here: hmctsformfinder.justice.gov.uk/HMCTS/Get...o?court_forms_id=424

For ease of reference the relevant information is:

Details of claim
Under this heading you must set out either
• the question(s) you wish the court to decide; or
• the remedy you are seeking and the legal basis for
your claim; and
• if your claim is being made under a specific CPR Part or
practice direction, you must state which.

Charles

Thank you Charles.

I have completed the form, that was the easy bit!

I am almost finished the Parts of Claim now.

Regards