Help Needed - Defendant Legal Representative

[jDan123]

Hello,

I took a company to MCOL however, I got an email that Defendant now has Legal Representation and everything will continue via post.

I have not been contacted by the Legal representative however, I am not sure what next.

Does this mean they have acknowledged the claim and are going to respond as the deadline for defence is today.

Many thanks in advance for the help.

[JK2054]

not how that works.

if they don't send you a form called acknowledgement of service, then requet a judgement via MCOL immediately.

[jDan123]

not how that works.

if they don't send you a form called acknowledgement of service, then requet a judgement via MCOL immediately.

Thanks.

[jDan123]

not how that works.

if they don't send you a form called acknowledgement of service, then requet a judgement via MCOL immediately.

I can't see the request judgement, could this be because they moved it to via post?

[Pezza54]

Please read Practice Direction 7C- Money Claim Online
"Request for judgement or issue of warrant"
11.1 (2) the claimant may request judgement by completing and sending an online request form a
www.hmcourts-service.gov.uk/onlineservices/mcol

I have double checked the link but can't get it to work
If you have the same problem you could phone MCOL support to find out if the link still applies. It is quicker to request judgement online than the manual route

[jDan123]

Please read Practice Direction 7C- Money Claim Online
"Request for judgement or issue of warrant"
11.1 (2) the claimant may request judgement by completing and sending an online request form at www.hmcourts-service.gov.uk/onlineservices/mcol.

Link not working

[jDan123]

Please read Practice Direction 7C- Money Claim Online
"Request for judgement or issue of warrant"
11.1 (2) the claimant may request judgement by completing and sending an online request form a
www.hmcourts-service.gov.uk/onlineservices/mcol

I have double checked the link but can't get it to work
If you have the same problem you could phone MCOL support to find out if the link still applies. It is quicker to request judgement online than the manual route

If the legal representation has now sent acknowledgement of service claiming 14 days additional, even though the court has said I have to agree for an extension.

Do I need to respond to thier solicitor?

[Pezza54]

The defendant can still make an application without notice for an extension without your consent.
The court may refuse their without notice application and the defendant will have to pay the additional court fee.
If the court agrees to the extension without a hearing you will be given the chance to dispute the court decision
At this stage my advice is not to dispute the decision
Your claim has not been allocated to a track yet so if the defendant were to succeed with his application at a hearing you may be ordered to pay court fees and the defendant's legal costs

[jDan123]

Wait, they have already asked me indirectly seeking my consent. So are they allowed to still make an application without consent?

[Pezza54]

Yes but the court fee will be nearly £200 more for application without consent

Please read CPR Part 23 General Rules About Applications for Court Orders
23.8 (1) (a) (b) and (c)
(a) is clearly consent
I'm not sure whether you can refuse to consent but then agree to dispense with a hearing
(b) states parties agree to dispense with a hearing
If the defendant does not agree to dispense with a hearing after you have refused consent, the court may set a hearing and you risk paying court fees etc if the court agrees with the application

[jDan123]

Yes but the court fee will be nearly £200 more for application without consent

I see. Thanks.

what happens if I still send default judgment application as the deadline for defence was last week Friday?

[Pezza54]

You can try but if the CCJ is issued before the defendant files the defence, the defendant may apply to have the CCJ set aside. The defendant will have to apply quickly showing a good reason why their defence was filed late and that the defence has a good chance of winning at trial

[jDan123]

You can try but if the CCJ is issued before the defendant files the defence, the defendant may apply to have the CCJ set aside. The defendant will have to apply quickly showing a good reason why their defence was filed late and that the defence has a good chance of winning at trial

Ok thanks. I will just wait and see