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County Court defence filed - next step is????


jody123
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Hi all,

 

It was sixes and sevens whether to file an acknowledgment of service and wait for more info, or file defence....no acknowledgment of receipt of letter from solicitors and deadline for filing something came, so filed County court defence on Friday for a Monday deadline - and then a letter stating that the claimant needs more time to send docs requested under part 18 and could they have 21 days - which would have taken the response time to the initial claim to 31 days. i.e. 3 days over which a response would need to be filed.

 

And they really ought to have the papers in their possession if they are bringing a claim.

 

Should an Application Notice for summary judgement of claim to be Struck out be filed now based on the claimant:

 

a. not following pre action protocols; and

b. not following claim protocols (no documents were attached to the claim form in support thereof)

 

or

 

Wait for the Allocation Questionnaire to come from the courts whilst awaiting the "strict proof" requested of the claimant?

 

Any advice gratefully received....

 

Jody 123

Jody123

Please note I have no legal training - the information I have has been gleaned from too many hours on this site! :-)

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