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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the Claimant following communication

Resolved Question:

Dear Sir or Madam I am the Claimant following communication relates to request by the Defendants legal rep to ask for an extension to file their defence
Message from me (PS Claimant) 02/02/14
Dear Mr S As a legal representative for the Defendant you have left this until the last minute. It can be argued that any costs arising in making this application are due to delays at your own end in making this application and not seeking my consent before making this application in a timely fashion I will of course make a payment if the court requires me to do so but will bring this to the judges attention . Yours sincerely *****
-----Original Message-----
Sent: Mon, 2 Feb 2015 19:21
Subject: Re: Claim No
Dear Mr S
Because I had not heard from you within the time limit I allowed, I made my application. I will require you to meet the costs of the application and will let you have a breakdown of those and a sealed copy of the application filed.
Yours
Sent: Monday, February 02, 2015 05:17 PM
I consent to the defendants being granted a 2 week extension to file their defence PS claimant
Sent from my iPhone
On 28 Jan 2015, at 09:02, .... wrote:
Dear Mr Sc Following your email last night requesting an extension to file your defence , I am seeking legal advice to clarify if I should consent to this extension. I will reply to you once I have heard from my solicitor Mr.... Yours sincerely *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : To confirm you are the defendant? Have you agreed to the extension as the email trail is unclear ?
Customer:

I am the Claimant

Customer:

The Defendants legal executive failed to file a defence until 4 days before the deadline for filing defence. he asked my consent for an extension. I stated that I will get back shortly .from his message it appears that he has gone ahead and applied for an extension and wishes to recover costs from me

Alex Watts : Ok. But would you have agreed? Why did you not agree before the deadline?
Customer:

he just said that night before that he was planning to be filing for an extension the next day , there was no deadline. I replied that I will need to await further advice and will get back as soon as I had heard

Customer:

the defendants were trying to see if they can make we withdraw a construction dispute where a builder owes me a large sum of money to see if they can do without filing a defence (and save money on their legal fees). Obviously they left it until the last minute

Alex Watts : Yes, have they asked for costs in their application? Did you ever actually refuse?
Customer: I haven't seen the application yet as it probably was filed today. I initially stated that the delay was on their own part as they hadn't appointed a counsel so I would not agree as they had 4 weeks to file their defence, but when they asked again I stated that I will get back shortly after I have clarified. In the meantime it appears that they have gone ahead and filed for an extension of time to file defence. Obviously I have consented to their request but they have gone ahead and made their application without awaiting my reply.There was no fixed date of deadline except that they were planning to make this application of friday 1 day after their email.
Alex Watts :

You dont need to worry. The Court will either deal with it without a hearing and if there is a costs award against you, you can apply to set aside and have a hearing. If there is a hearing then you can make representations.

Alex Watts :

Therefore in any event you dont need to worry you have not done anything wrong.

Alex Watts :

You did not refuse consent.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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