Shimewaza Lowel Portfolio 1 Ltd court claim

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Court order stated

Claimant to file and serve Signed particulars of claim by X

Claimant to serve copy agreement, T&C and any default notices on or before X August

Defence to be filed and served by X Sep

No order as to costs - bloody annoying as my initial request to the court stated I wanted to recover costs, did not realise I had to remind the judge of that fact, will have to let that one go to experience

any suggestions regarding my above couple of posts would be greatly appreciated.

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Does anyone know the protocol to inform the court that Claimant has not complied with court order, within permitted time and to request further time to submit a defence?

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

An application is best to get an extension to the time for filing a defence as a simple letter to the court is useless other than to inform.

M1

[shimewaza]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

An application is best to get an extension to the time for filing a defence as a simple letter to the court is useless other than to inform.

M1

Thank you, the bit I am a little lost with, is that if I write to the court, notify them that the docs were not provided by the claimant in the time permitted by the order, this will be noted, but no action is taken by the court?

There was already an extension made to file a defence (as the POC etc docs were not provided under prior the first application for court order) so can another application for one be made?

Would I need another letter from claimant agreeing to extension? I am conscious that they might ignore me (due to some feeble backlog excuse) and then I am left with default judgement.

Do I need to shell out another £80 to notify the court that no defence can made as docs per order were not provided on time, or say just received docs have just been provided and now need time to consider before compiling a defence? (I am also conscious that the court administration cocked up last time and it took months to get the hearing)

[Amethyst]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

Telephone the claimants solicitors and ask them to agree to an extension to the order as you only received the documents yesterday, ask them to send you their agreement in writing (email) then email that to the court. It wouldn't be under cpr 31.15 as thats for initial extensions so its simply an agreement between parties.

If they refuse don't worry we'll help with a defence, but will need you to get the documents you did received posted up on here (or email them me admin@legalbeagles.info )

[mystery1]

Re: Shimewaza Lowel Portfolio 1 Ltd court claim

There is no 2nd extension allowed for in the rules so, in essence, you do not need to ask the claimant. It is, however, prudent to ask them so that a consent order can be done which is only £50 which they should ideally pay.

There are changes to extensions (not the 15.5 kind) since Mitchell but i'm not up on them so someone might pop in that knows or you'll need to research.

M1