28 day extension of a claim through 31.14 request

[miliitant]

just putting this on the forum for my own clarification

if after you receive a claim through the county court, and then put in a request for the documents under cpr 31.14

what then when the solicitor agrees to a 28 day extension, (cpr 31.15)

but he does not confirm is when the 28 day extension starts from

is it

from the acknowledge of service (14 days from the issue of claim plus 5 days)
from 14 days from acknowledge of service
28 days from acknowledge of service

by not confirming the start of the 28 days, the defendant runs the risk of judgement by default as he is left in limbo

as i am talking of uncle brian on this

comments please people

[mystery1]

Re: 28 day extension of a claim through 31.14 request

28 days from the date it would be without the extension.

M1

[miliitant]

Re: 28 day extension of a claim through 31.14 request

many thanks so it claim date plus 5 days plus 14 to acknowledge, then 14 for the defence

so its 28 days from after the normal dead line for the defence as of any normal claim

so its in effect its 14 days from claim date, plus 5 for service, then 14 for the defence, then 28 days for the extension

so to confirm

you acknowledge the claim, inform court both parties agree a 28 day extension within 14 days or end up with a judgement by default,, then its another 28 days

14 days plus another 28 days to submit a defence

please confirm i am reading this right

my head hurts

[mystery1]

Re: 28 day extension of a claim through 31.14 request

If your defence is due July 1st and you agree 28 day extension then it's due 28 days later - 29th July.

M1

[miliitant]

Re: 28 day extension of a claim through 31.14 request

many thanks for the confirmation

[alham]

Re: 28 day extension of a claim through 31.14 request

Where did the 5 days come from? The date of service is either a date you receive when it arrives ( if by registered post the date you sign). The court allows for delivery by the first class post after the claim has been sealed, maybe an extra day UNLESS you can prove otherwise. Also it may be worth checking with court the date the other party registered as a date of service - if they are shuisters they can register alternative date! (which happened in my case).

[mystery1]

Re: 28 day extension of a claim through 31.14 request

http://www.justice.gov.uk/courts/pro...les/pd_part07e

5.7

The claim form will be deemed to be served on the fifth day after the claim was issued irrespective of whether that day is a business day or not. ‘Business day’ has the same meaning as in rule 6.2(b).

M1

[miliitant]

Re: 28 day extension of a claim through 31.14 request

as most county court claims are done through northampton, The deemed date on Notices of Issue from MCOL are invariably 5 days after filing the claim

in all other times it will be deemed served 2 day after posting if not using mcol

i do not believe the court service use registered post anymore, they just use the interpretations act

might be wrong on that one though

[miliitant]

Re: 28 day extension of a claim through 31.14 request

thanks M1

beat me to it

[alham]

Re: 28 day extension of a claim through 31.14 request

Ok, but all I was trying to point out that one has to be careful that certificate of service is not for an earlier date. Although courts can be flexible there is no point in getting dates wrong (remember Her Majesty May and Abu Qatada debacle)