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Agreeing to extension of defence


kalujo123
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Hi all

 

Have issued a claim for mortgage charges and mortgage company solicitors have filed an acknowledgement of service giving 28 days in total to file a defence. Today I received a letter from solicitors asking me to agree to an extra 28 days under cpr 15.5 and if I don't agree they will seek costs from me after making an application to the court.

 

Does anyone have any experience of this as I am reluctant to give them extra time as they already had a long time to investigate my complaint before court action and that is the reason they are asking for extra time so they can get paperwork from the mortgage company to investigate.

 

Would a judge take a dim view if I refuse or should I just tell them no and make an application if they wish as I don't understand what they want to investigate as they have already said they believe their charges are fair etc.

 

Many thanks

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They need to explain why an extension is requested.

 

 

If an adequate explanation has not been provided, you should write back stating that they have already had 28 days to investigate what should be a straightforward claim and that you are not minded to grand an extension given that no adequate explanation has been given.

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