County Court Claim- Hoist Portfolio Holdings 2 Ltd

[GM2226]

Hi everyone,
I have a colleague who has had a County court claim lodged against him by Hoist Portfolio Holdings 2 Ltd through their solicitors Howard and Cohen Solicitors.
He has followed the procedure as required using the information on this forum.
1. He has done acknowledgement of service.
2. Sent out the CPR 31.14 and CCA request letters to the solicitors and claimant respectively.
3. He is due to file his defence on 10/07/2015( deadline of the 33 days from date on CCJ forms).
4. He has been chasing the solicitors to agree an extension for some time and they have been messing him about.
they kept telling him that the file had been put on hold so they didnt need to agree any extension and that they had already told him that they wouldn't do any thing because the file is on hold until they receive the documents from their client.
When told that by refusing to agree to an extension, they were abusing their legal position, they then said then said that they had already told my colleague that had already agree an extension even beyond the 28 days that he was requesting for since the file was on hold and they were not going to do any thing until he recieves the documents from their client and then they would give him 14 days to file his defence.
they sent him an email today stating that "THEY AGREE TO A GENERAL EXTENSION OF TIME AS DISCUSSED".
Question: Is this the right wording and does this mean that they agree to the 28 days as stipulated in CPR15.5?
Or are they trying to play games whereby my colleague can not lodge an order after 28 days for them to produce the documents.
Question 2: Can he forward this email to the court as confirmation of the extension or Does it need to be redone by the solicitors to clearly state the times?
Regards
GM2226

[Amethyst]

Re: County Court Claim- Hoist Portfolio Holdings 2 Ltd

The MAXIMUM extension allowed is 28 days so if they take longer then your friend should still put his defence in before 28 days.

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Yes inform the court that both parties have agreed to an extension http://www.legalbeagles.info/forums/...filing-defence - and yes the general extension email is fine as back up xx

[GM2226]

Re: County Court Claim- Hoist Portfolio Holdings 2 Ltd

Thank you Amethyst!
Just to double check, what is the maximium time that should be given to the solicitors to comply after agreeing to a general extension for them to have delivered the document?
That is; when does one apply to the court to force compliance?
Regards
GM2226

[Amethyst]

Re: County Court Claim- Hoist Portfolio Holdings 2 Ltd

At the end of the extension period dependent on what documents you have you can either file a defence based on the lack of documentation under the consumer credit act or apply to the court to enforce the CPR request.

We'll probably need to know a little bit more about the actual claim, the type of debt and the amount etc to be able to help chose between those options.