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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48797
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A County Court Claim was issued against me on the 01.03.2016. Is

Customer Question

A County Court Claim was issued against me on the 01.03.2016.
Is it still possible for me to submit a defence? I acknowledged service on the 17.03.2016
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what is the reason for delay?
Expert:  Ben Jones replied 1 year ago.
Hello what is the reason for delay?
Customer: replied 1 year ago.
I misunderstood the form and overestimated the time available.
Expert:  Ben Jones replied 1 year ago.
Ok let me look at the rules I will reply later today thanks
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. This is something governed by the Civil Procedure Rules, which state that if a defendant fails to file a defence, the claimant may obtain default judgment. The general rule is that the period for filing a defence is: (a) 14 days after service of the particulars of claim; or (b) if the defendant files an acknowledgment of service, 28 days after service of the particulars of claim. So the initial requirement is to acknowledge the claim form within 14 days of service and after that you have 28 days after service of the particulars of claim to submit a defence. If you are still within those 298 days you may submit a defence. If you have missed them, you must make a request to the court allowing you to file your defence out of time. You can agree that directly with the claimant and if they agree to it you must notify the court, however if they do not agree to it you have to ask the court to order that. This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to submit formal application for an extension, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thanks so much. I phoned the court who informed me that as the Claimant had not taken advantage of the delay I could submit a defence today. I am now preparing same but I am concerned at giving too much information at this stage. What do you advise?
Expert:  Ben Jones replied 1 year ago.
Thank you. Assuming you had to make an application or an extension this would have had to be done on Form N244: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf In terms of hat to put in a defence, sooner or later you will have to disclose all information you wish to rely on so whether you do it no or later wold not matter much in terms of how it could affect you. Your defence needs to address the claims made against you so do not be too shy of detail now although most of it would be included in your witness statement which you would have to prepare at a later stage.
Customer: replied 1 year ago.
Thanks for the sound advice which inspires confidence. You will no doubt hear from me as matters progress
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best