As a LIP I need to request an extension for my defense. I initially made this request to the claimant's solicitor although it was rejected. How do I make this request to the court? And do I need to submit an N244 form?
Requesting an extension to submit my defense
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Have you Acknowledged of Service?
That gives to an extra 14 days to file your defence. So that's 28 days from the date on the Claim form.
https://legalbeagles.info/library/gu...ledge-a-claim/
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Originally posted by echat11 View PostHave you Acknowledged of Service?
That gives to an extra 14 days to file your defence. So that's 28 days from the date on the Claim form.
https://legalbeagles.info/library/gu...ledge-a-claim/
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I'm not saying the Court won't allow an extension (you would need a good reason), but as the other party has refused to extend, you might have a 'battle' on your hands.
https://www.justice.gov.uk/courts/pr...l/rules/part15
You could get your Defence in, then seek the Courts permission to 'amend' it.
https://www.lawgazette.co.uk/news/am...t%20permission,....
atticus Any advice appreciated.
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I would ask the Claimants solicitors on what grounds are they refusing your extension request.
Advise them that should they continue to refuse your extension, then you will be making an application to the Court for the Courts permission for the same, and that you'll highlight the Claimants solicitors conduct to the Court and seek your costs for making and attending the application.
If you do need to make an application, compete the N244 form to the best of your ability, and include a witness statement so you can highlight to the Court that you have attempted to agree the extension, but the Claimiant Solicitors refused. You'll have to pay the application fee £275, and you need to send the application to the Court which this case is currently sitting with, likely the CCMCC or the OMCC.
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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