IND Court Claim Received

[Guest]

the cag template 31.14 letter as linked includes an extension offer. did you use that letter? if so, well they haven't responded. so, main concentration is to get a defence in on time accordingly.

if you do now try and arrange an extension, and they agree, make sure that they confirm in writing a specific date being up to 28 days which can then be faxed to the court.

personally, if have already offered extension. and nothing has been forthcoming. then wouldn't bother on it atm and just focus on getting a defence in.

[Kasier]

Ok i will do thank you

[Kasier]

No i didn't see the extension letter, I'll get my defence letter done tonight and contact robinson way tomorrow for an extension and see where we go from there.

[Guest]

link in my post #14!?

[Kasier]

Ah it was on the 31.14 letter, so they failed to respond at all.

[Kasier]

Read some other posts do i get 14 or 28days after acknowledging the service?

[gezwee]

28 days total from deemed service date, cpr 15.4 applies. Matters not if you acknowledged at day 1 or day 14 the effect is the same - copied the link below

 

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part15.htm#IDA4THCC

[Kasier]

ok thank you, i get it now tomorrow is my 28th day :S

[gezwee]

Yep

 

Whatever else you do tomorrow you must get a defence filed.

[Guest]

when did you send out your 31.14 giving them 7 days? was it the 19th (sunday) as per your post? allowing for service, their time on that is not quite up yet? but, you have to submit a defence in time. so, maybe do then give them a quick call, without prejudice, to see what their response, if any, is to your letter?

Edited February 26, 2012 by Ford

[Kasier]

Yeh I have a basic defence for an embarrassed defence saying they failed to respond to my CPR 31.14, but I'll give Robinson way s call to see if I van get an extension.

[Kasier]

The 7 days is up tomorrow, so will give them a call, to either find out their response to the 31.14 and see if I can get an extension, if not then I'll submit my defence

[gezwee]

One thing to note [if by some miracle they agree the extension], you can only agree a 28 day extension. The likes of IND, HFO, BC etc have a habit of stating they agree to extend 28 days to allow for service of docs and 'suggest' that a further 14 days be allowed post service for filing of defence ie; 42 days total........ this has caught a few out before and has left them late filing and open to a default judgment.

 

Gez

[Kasier]

If they don't agree and I file the defence which I don't have any documents from Robinson way as they failed to respond to the 31.14 what happens next?

[gezwee]

You wait for the Allocation questionnaire, assuming they proceed. You can make an application for disclosure at that time.

 

Gez

[Guest]

following your defence (court will send them a copy of it) they have 28 days in which to respond to the court either to continue with the claim (then aq etc), or not (discontinue). if they don't respond as such in that time then it will be stayed.

Edited February 26, 2012 by Ford

[Kasier]

Ok here is the update, first i tried calling Robinson Way, they gave me this number 0161 839 7376 which doesn't exist any more, so i called them back and they gave me 0845 670 4455 to ring which happens to be IND?? so now i explain to them that i wanted to get an extension to submit my defence, they told me to ring the court to ask for an extension, so i rang the court and explained to them the what i've been told from IND, and they said i need to arrange an agreement with the claimant for an extension. So i rang IND back telling them what the court told me, so now they had to speak to their supervisor about it, after a lot of waiting and worrying as the deadline was creeping up they finally they called me back after the cut-off for submitting my defence saying they will only extend it another 14days, so accepted and asked for them to send my confirmation in writing.

 

What a day, now that i have another 14days i want to get my ducks in a row asap this time, there was still no response to the 31.14, what would be my next course of action? Thanks

[gezwee]

I'm confused, did you get the extension agreement filed before the court closed? If not, did you file the shortened defence?

 

Gez

[Kasier]

no i didn't file the defence, IND agreed to a 14day extension, they said they would contact the court and send me written confirmation of this.

[gezwee]

Kasier

 

It's the defendants responsibility to advise the court [in writing], if you have written confirmation from them I suggest you get it filed with the court today.

 

Gez

[fred12345]

no i didn't file the defence, IND agreed to a 14day extension, they said they would contact the court and send me written confirmation of this.

 

I wouldn't believe anything IND say...

[Guest]

kaiser

as said, be careful. claimant may not be true to their 'word', and may just apply for judgment.

as was posted, to be sure, needed to get them to fax extension confirmation to you on the day. and then for you to fax it on to court before defence deadline. otherwise, to file a defence.

Edited February 29, 2012 by Ford

[Kasier]

Ok so i've had nothing through from them which is a little concerning, also they never responded to the 31.14, assuming the extension is true what can i do next. i'll ring the court and see if they either received the extended or apply for judgement.

[gezwee]

Kasier

 

If this is MCOL check online to see if you are still able to file a defence. Unless anyone else has any suggestions, I would guess you have been royally stitched up...... don't forget these are the muppets that filed without any documentation available. Do you really trust them to ack extension?

 

Gez

[Kasier]

Yeh i guess it would be too good to be true :S yeh i'll check if i can still file a defence