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Solicitor4All
Solicitor4All, Solicitor
Category: Law
Satisfied Customers: 7838
Experience:  Director and Principal Solicitor. UK
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I need advice of civil litigation rules and procedures for

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I need advice of civil litigation rules and procedures for filing a defence. I need to ask for an adjournment and think it's a reasonable request.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I filed an acknowledgement of service. Case is complex. Have done parts of defence. Can't finish in time. Hearing is 5th July so no point (or is there?) asking other side to agree an extension.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's a possession claim with eyewatering money claim. All strongly contested believe I have strong case/ arguments. Lots of issues around type of tenure that effect defence to money claim. Notices for possession invalid. The money claim is the concern, more complex defence. Claimant served in time but could have given me longer - filed 3 weeks before they served the claim on me themselves.

A very good evening to you there, how do you do?

 My name is Solicitor4All a law expert with over 15years practice. I will be helping you this evening. Thank you for the inquiry.

Customer: replied 13 days ago.
Hi

Thank you for your update, i intend to assist with a quick response,

Please leave the inquiry with me and i will prepare a response for you here this evening Thank you.

Solicitor4All and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Is this a scam? I clicked request a phone call for £44. Only then told would have to "credit the expert". Got automated call, put on hold, listened to silence for 10 minutes. No advice given on this service by message or telephone. How much are you intending to charge me for zero advice? Shouldn't the terms be clear and agreed before entering into a contract. Sounds very dodgy tbh. Now have to spend time I don't urgently calling my bank.
Customer: replied 13 days ago.
Looks like you've got all my personal info including bank details then. I expect a response now.
Customer: replied 13 days ago.
I see you have not responded. I have cancelled my debit card. This is a big inconvenience. I'm told a payment for £44 is pending. I have not received the service this payment was for. The silent 10 minute phone call gave no indication that it was likely to be transferred to an "expert". You are not authorised to take £44 from my account. No service has been provided and I will seek redress if you unlawfully take this payment.
Customer: replied 13 days ago.
For the avoidance of doubt, once again, you do not have my consent to take a payment of £44 from my account. I believe this action would be unlawful as no service was provided.Please delete my personal data: you do not have my permission to store it or process in any way.
Thank you for your messages. I think you need to speak to customer support as I am not sure what you are referring to in your last 3 messages. The calls I see on your thread were attempts by a colleague to reach you. I have not and cannot call you. It is easily resolved if you just email***@******.*** I am only a site user on the expert side and have no idea about your personal information, we do not get given that not even your name, I only have your reference code
Customer: replied 13 days ago.
No one has called me or attempte
Customer: replied 13 days ago.
No phone call other than the 10 minute silent one have been received.

To answer your question you should ask the claimant for an agreement to extend your time to file the defence. Adjournment is only when there is a listed hearing date and if you are looking to file your defence I doubt there is anything to adjourn yet. If the other party does not agree to your request for more time unreasonably you make an application to court on application notice form N244 and you attach your witness statement explaining the reasons for needing more time it could be you have been unwell or you are getting advice or you are collating your evidence-whatever the reason you have. And you also attach a draft order of what you want the court to order so if you are asking for 28 days you say exactly that. You pay the fee to file this of £275 and send to the court dealing with the matter. You must seek your costs on the basis the claimant unreasonably refused to agree by consent. In the meantime whilst waiting prepare your defence and just file

It

Any follow up please do not hesitate to send your message. I am always glad to assist and to clarify anything for you should you return for further input. All the best.

Hi, this is what I can see on the attempts and you could be right sometimes the connection is difficult to establish or the number is ***** input correctly but I can see they tried if you contact customer support they will help you:

22/06/2022 09:30

Phone call(34s)

22/06/2022 09:30

Phone call(43s)

22/06/2022 09:31

Phone call(37s)

22/06/2022 09:33

Phone call(34s)J


Customer: replied 13 days ago.
The hearing is listed: 5th July
Customer: replied 13 days ago.
An extension is meaningless now
Customer: replied 13 days ago.
The claimant served the papers themselves so I got less time. Their statement of truth is dated 4th May, court stamp is 5th May, I got the claim 30th May
Customer: replied 13 days ago.
The claim and defence have proved too difficult to do in the time frame
Customer: replied 13 days ago.
An extension of a few days before the hearing might help but only a bit

Have their filed their certificate of service

Customer: replied 13 days ago.
I'm not able to submit defence on Friday

Do you have just the defence or defence and counterclaim?

Is the hearing the final hearing or preliminary hearing?

Customer: replied 13 days ago.
I hung up the phone call after 10
Mins if silence and no indication I would get to speak to anyone. Panicked thinking it was a scam. I don't feel I should pay £44 for nothing.
Customer: replied 13 days ago.
Preliminary 10 min hearing
Customer: replied 13 days ago.
Was planning to submit counterclaim at first but ditched the idea because of the time constraint
Customer: replied 13 days ago.
I feel I've been disadvantaged by the claimant's delay in serving and long winded spurious money claim that has no basis but still has to be defended
Customer: replied 13 days ago.
It's a possession claim with eyewatering unfounded money claim included
Customer: replied 13 days ago.
If it was just possession it wouldn't be a problem time wise. Very simple except he's bizarrely included a notice to quit and section 21, both if which are invalid
Customer: replied 13 days ago.
Can I ask for the money part to be adjourned?
Customer: replied 13 days ago.
There are other issues: sham licence, requires longer defence and affects how I argue the money claim. It's like I've got to do two defences, one on each basis. I've been told the Sec 21 should be a separate claim.
Customer: replied 13 days ago.
He's insisted for years I'm not a tenant. He's hedging his bets as knows he's on thin ice with his dodgy licence to occupy nonsense
Customer: replied 13 days ago.
The details of the case aren't really what I need help with so sorry for going on!
Customer: replied 13 days ago.
I just need a strategy as I don't want to submit a half baked defence when he's after so much money, however lacking in merit in my opinion.
Customer: replied 13 days ago.
Am I able to get any more help or have people logged off?
Customer: replied 13 days ago.
Because of the issues with the phone call I cancelled my account. Have tried to reactivate when got the message responses from the solicitor but it won't let me. What a mess!
Customer: replied 13 days ago.
Could you call me directly? I'd then be ok with the £44 payment going through. My no is:***********

I must also deal with other enquiries hence the delay, so as much as I may wish to continue on your thread for long it is not possible. Calls are quicker hence the call offer, sadly your call is not with me, I can see a colleague was allocated to take it though.

The preliminary hearing will say why it has been listed and that would be the focus, the claimant ought to prepare the bundle for that hearing.

You have not had the opportunity to file your defence because service of the claim was delayed. You can either file the application as I have advised you above or you make the application verbally at the hearing. You would fare well if you show the court that you Hebrew requested the extension from the claimant and that they have unreasonably refused. If you have a counterclaim don’t give up on it you should file it. The judge will adjourn if you show the injustice that would result due to the claimant’s own conduct. If your deposit was protected that’s a tell tell sign it was not a licence.

Customer: replied 13 days ago.
I've rung customer services and sorted everything out. My account is up and running and they've refunded the £44. I think I panicked but all that drama is sorted!
Customer: replied 13 days ago.
Gosh, this CPR stuff is confusing! It takes so long to work out there's no time to draft a defence!
I've just seen that acknowledgement of service, part 10, doesn't apply to part 55 claims (possession). If that's the case, I only had 14 days and am too late anyway. The acknldgmnt form was included in the response pack, but then so are lots of things. If just a possession hearing, then 14 days would be fine. Does adding a money claim to a part 55 possession claim then allow you to use the ack. of service form? I can't find anything about that anywhere!Sorry to keep pestering you. I really appreciate the help.

Good Morning. Thank you for your patience, I had retired for the night. They did not use the accelerated proceedings because of the rental claim so yes you could have acknowledged.

Customer: replied 13 days ago.
Thanks for your reply. The Claimant hasn't used N119, how important is this? Could it invalidate his claim?
Customer: replied 13 days ago.
I was sent 3 copies of claim, they're all the same except one, posted by 2nd class post. The only diff is that the latter bundle has N11R defence form whereas the other two packs have N9 forms. I was confused at first. I decided the two copies with N9 were the served docs as they were from the LL's solicitor posted first class. I discarded the third pack as you couldn't see who it was from and it looked amateurish, in that the N11R is just loose pages, only one page has the form no. on it, plus there's a notification if hearing that looks shabby. This all confused me when I got it but the court said they hadn't served the docs. Can the Claimant serve N24 Notice of hearing himself?So, basically, I should have filled in N11R it seems within 14 days, although the version of the form I've got doesn't say that. Reading N11R it's not that onerous and asks pertinent questions eg, do I agree with paragraph 6(based on n119) of LL"s particulars . The Claimant hasn't used n119 so how could I answer?I know I not explained this clearly. In short, I've been completely confused and misled by the packages served on me which the Claimant has decided to d ok themselves. The pack from the solicitor and the shabby, 2nd class post sent pack from God knows who included different defence forms. I decided the one from the Solicitor was the one to use. It included an acknowledgement of service form in the N9 pack that I filled in. It turns out, thus cannot be used with a part 55 possession claim. Therefore the deadline for filing my defence was 14 days and has been missed. I wasn't required to file a fully drafted defence, just to answer the questions in N11R, based on the assumption I'd received particulars of claim in the form on N119. It's a hot, confused mess and has left me having submitted nothing and missing the 24 day deadline. The shabby bundle (with the loose leaf N11R and N24 notice of hearing can't have been sent by the court surely?)
Now I don't know how to proceed. I've been trying to get urgent answers but have been asking the wrong questions as I've only just unravelled the stuff I'm now trying to explain.
Customer: replied 13 days ago.
Should I still ask for an adjournment based on the above (trying to explain it more clearly!)? Can I request to speak to the judge? Should I submit N11R out of time with a covering letter and explain at the hearing that the Claimant hasn't used the prescribed forms or included the right defence form in his first bundle and that has misled me and caused me to file our if time?.
Customer: replied 13 days ago.
I really appreciate any help and you taking the time to read my waffle!
Customer: replied 13 days ago.
When I said has left me missing the "24 day deadline" should be 14 day deadline.
Customer: replied 13 days ago.
many typos! Sorry.
Customer: replied 13 days ago.
CPR 55.
1 GENERAL RULES (covering all possession claims)
55.7 Defendant Response
(1) An acknowledgement of service is not required and Part 10 (Ack Of Srvc) does not apply.

Hi, I appreciate you are worried but you are overthinking it. The Defence does not have to be on the form that comes from Court it can be drafted from scratch. Wjhat I advised you is what really you should try and do: try to get the other party solicitor to agree the adjournment by 28 days or make an application on Form N244 to the Court for the adjournment. To this Form you will attach your witness statement and draft daughter and you should include your request to the solicitor and their refusal response. File these urgently with the court, the fee is £275.

Customer: replied 12 days ago.
I know it looks like I'm overcomplicating things but it seems that part 55 claims might be different to part 7. The defence form N11R asks very specific questions about the tenancy for instance and asks other questions based on the n119 the landlord is required to file.I'm applying to the court for an adjournment as you suggested. I've not seen anything that says the parties can agree this, only an extension to serve defence by agreement if it doesn't affect the hearing. The hearing is quite close now anyway. I think I have misunderstood what was required for this hearing which is a preliminary like you said. But the claim not conforming to the CPR rules has contributed to my confusion for sure and led to me missing the 14 day deadline. Maybe all those rules do actually have an underpinning logic and purpose!
Thank you for your message. The case management duty is solely the court’s but in considering whether to adjourn the judge takes into consideration impact on the other party but if they have agreed already it is an easy consideration for the judge.
Customer: replied 12 days ago.
Thanks for this

You are welcome