CPR request returned to sender

[Diana M]

Re: CPR request returned to sender

If I call and they do agree an extension do I still file my defence or can I call the Court and explain the situation? Obviously worried the message doesn't hit the system and it looks like I haven't bothers to defend the claim in time!

If you don't file your Defence by the deadline (33 days from the claim Issue Date so when is that?) then the Claimant can ask the court to enter a a Default Judgment (it's an active thing by the Claimant not an automated decision by the database).

If you agree an extension of time with the Claimant then it's the Defendant's duty to inform the court in writing.

The question remains as to why would you want an extension?

I can only repeat my personal view that making the Claimant's solicitors aware of any errors which they have made would be unwise at this stage.

Di

[Diana M]

Re: CPR request returned to sender

I have followed the advice given to others on the various threads here in relation to a county court claim for an old credit card.

Can you clarify that you have also sent a CPR 31.14 Request to the Claimant's solicitors enclosing a copy of your CCA Request to Arrow (as per the LB template)?

Di

[Helpplease2017]

Re: CPR request returned to sender

Thanks everyone for your comments.

Ok I won't be calling the solicitors but I will send another CCA to Manchester address. Di has convinced me on this point.

The solicitor has received the CPR request with copy CCA letter already.

If it is fast tracked I assume I hear within a few weeks as to when my case will be heard?

[Diana M]

Re: CPR request returned to sender

I won't be calling the solicitors but I will send another CCA to Manchester address. Di has convinced me on this point.

The solicitor has received the CPR request with copy CCA letter already.

*phew*

Di

[Diana M]

Re: CPR request returned to sender

If it is fast tracked I assume I hear within a few weeks as to when my case will be heard?

Here's a link to the CPRs on Fast Track cases where you'll see the whole process takes a minimum of 30 weeks from when the claim is allocated and that doesn't happen for a while yet >

https://www.justice.gov.uk/courts/pr...rt28/pd_part28

What is the claim Issue Date to ascertain your Defence filing deadline which is your immediate hurdle?

My firm drafts very different pleadings to those in this forum's generic template Defence. But the spirit is similar which is to ask the Claimant to prove whatever they stated in the Particulars of Claim (and we add in extra legal arguments ).

So who are the solicitors: Restons, Drydens or Shoosmiths?

Di