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When defence filed what next..?

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  • When defence filed what next..?

    Hi All

    Can someone tell me, when you have filed your defence to a CCJ, how long does the Claimant have to respond?

    Say i file a defence on 2/7/17 and on MCOL it shows as received on 03/07/17 - how long should I expect to wait?

    Thank you xx
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  • #2
    Re: When defence filed what next..?

    [MENTION=87380]Diana M[/MENTION] ... do you know??
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    • #3
      Re: When defence filed what next..?

      After the defence has been filed, both parties are sent a Directions Questionnaire by the court.
      The purpose ofthe Directions Questionnaire is to work out the complexity of the claim so that it can be allocated (by a judge)to the appropriate track.
      The form has notes at the back explaining how to complete it.

      You could phone MCOL and ask if the DQs have yet been sent out.

      You might find this link useful if this is your first foray into the court system :https://www.judiciary.gov.uk/wp-cont...+web+FINAL.pdf

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      • #4
        Re: When defence filed what next..?

        Originally posted by sar2004 View Post
        Hi All

        Can someone tell me, when you have filed your defence to a CCJ, how long does the Claimant have to respond?

        Say i file a defence on 2/7/17 and on MCOL it shows as received on 03/07/17 - how long should I expect to wait?

        Thank you xx
        CPR 16.7(1)
        Reply to defence

        16.7
        (1) A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.
        Once the defence is filed & accepted, the court can issue directions for a reply to be submitted, & give a deadline.
        Quite often this is 28 days.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

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