CCJ from Lowell for Lloyds Overdraft

[dj0nes]

Hi Guys,

Really need some urgent help if possible please,

I have just filed a defense to a CCJ I stupidly left it to the last day in an attempt to gain myself as much time as possible to come up with the funds to pay the CCJ as I am sure it will be awarded against me however I didn't realise that I had to submit it by 4pm it doesn't say that on the paperwork, I've essentially filed my defense on the 28th day as requested but at 22:30pm, will it still be accepted as it won't be processed until tomorrow, the 29th day.

Thanks!

[stevemLS]

Re: CCJ from Lowell for Lloyds Overdraft

4pm is god in the wacky world of courts.

However, you may be OK.

If you look at the general interpretation rules here https://www.justice.gov.uk/courts/pr...les/part02#2.8 it says that "within 28 days" means "within 28 clear days" meaning that you disregard the day on which the period begins and the day on which it ends. (2.8)

It is never wise to rely on that, but you might be OK depending on the way you have calculated the due date.

[dj0nes]

Re: CCJ from Lowell for Lloyds Overdraft

Cheers StevemLS,

Hopefully I'll be okay, I am cutting it fine though, through complete fault of my own.

Here is my schedule and how I have calculated it

Claim form date - 9th October
PLUS 5 Days *includes weekend, not sure if this makes a difference, I have calculated it as it not*
Deemed served on 14th October
PLUS 14 days AOS
Takes us to 28th October
PLUS 14 days to file defence
Takes us to 11th November?

But after re-reading the link you sent me I would now interpret that as meaning I am actually still in time as the "(2) A period of time expressed as a number of days shall be computed as clear days." bit means I have all of today, as I would argue that having up till 4pm is not a 'clear day'?

It would be so much simpler if they expressed on the paperwork/website in clear English something along the lines of 'for avoidance of doubt the defence needs to be submitted by 4pm in order for it to count on that day.'

[stevemLS]

Re: CCJ from Lowell for Lloyds Overdraft

Yes, very often, Directions are expressed as by 4pm on whatever date, small claims just churn out standard directions though.

I think you are in time, just - I take it it was done online.