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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I filed a claim () in the small claims court. The

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I filed a claim (for money) in the small claims court. The defendant acknowledged the service of the Claim and therefore he had 28 days to file his defence (28 feb), I have now received a Form from the defendant to sign - consent to give him another 28 days file his defence under Part 15 of the CPR (Civil Proceedings Procedures). Is this correct that he can ask for an extension of time and do I have to consent.
the Defendant owns me money from October 2014 (unpaid work, of which I have a consultancy agreement in place signed by him and me). My concern is that this is just another tactic to delay paying me.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Has he provided reasons as to why he needs an extension?

Customer: No, he has not. I know however that his business has cashflow problems and other employees (small claims) and suppliers have been chasing for unpaid monies. He will say he has been sick , which is true and partly why I agreed to work 2 weeks to help him and the business out.
Ben Jones :

The defendant does indeed have the opportunity to request a delay to file their defence, although it will require your consent before it is approved. You are not required to consent to this request if you do not want to. It is entirely in your right to refuse their request and insist that the defence is filed within the original period set by the courts. You should consider the reasons for the request for extension and if they are valid and reasonable and if you believe it is just an attempt to delay payment and perhaps allow the business to enter insolvency then you can refuse it. The defendant does have the opportunity to request the extension directly from the court though and the court could still grant it if they believe there are genuine and proper reasons to do so. You may certainly bring your concerns to the court’s attention in the meantime and explain why you are refusing to accept this application.

Customer: No reasons are given for the extension. I can only assumed. Ok, I will continue to be reasonable , if he is allowed then I will consent.
Ben Jones :

yes he is allowed, you can see the relevant regulations here:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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