Who issues a claim- Court or claimant?

[Ganymede]

Thanks, Andy… so I don't request a default judgement until 33 days has lapsed. Why does it state a 14 day limit for acknowledgement of service? Can the defendant just wait 30 days and then acknowledge? Are there any penalties for failing to acknowledge within the 14 day period?

Gosh… so complicated! TB

 

 

The Defendant must file an AoS within 14 days of the deemed service. If they don't you can request judgment.

 

If they do file an AoS then the Defendant must file a Defence within 14 days of the date of the AoS. If they don't you can request judgment.

 

Simples.

[AndyOrch]

They have 19 days to acknowledge service...if they acknowledge you must wait as stated...if they have not acknowledged service then you can request judgment after the 19 days (14 + 5 service)

[ThedaBara]

The Defendant must file an AoS within 14 days of the deemed service. If they don't you can request judgment.

 

If they do file an AoS then the Defendant must file a Defence within 14 days of the date of the AoS. If they don't you can request judgment.

 

Simples.

 

Thanks, Ganymede… The defendant received the claim on 10th August. So that's about 21 days ago… TB

[ThedaBara]

They have 19 days to acknowledge service...if they acknowledge you must wait as stated...if they have not acknowledged service then you can request judgment after the 19 days (14 + 5 service)

 

 

Many thanks… I will send the request today, then… I'll send a copy of the Certificate of Service along with the tear off strip from the bottom of the Notice of Issue… I won't need to include anything else, will I?

Is it true that I don't need to provide any documentary evidence if the defendant fails to acknowledge? TB

[AndyOrch]

You dont have to provide anything its a default judgment

[ThedaBara]

Thanks, Andy… I have all my evidence, obviously, just in case there is a hearing. TB

[ThedaBara]

Hmmm... yesterday I received a letter from his solicitor to say that they will be acting for him... a Notice of Action to which was attached form N434 (which seems to be a change of solicitor form).

Does this count as an acknowledgement, even though it is signed and dated 31st August? (Last day to acknowledge was 23rd August).

 

TB

[Ganymede]

Only the Acknowledgement of Service counts.

 

That is simply a notice letting you know what solicitors are dealing with the case.

[ThedaBara]

Thanks, Ganymede. Is the 14 day limit usually quite strict or are the courts sometimes a bit elastic with AOS...

Given that the last day for doing so was the 23rd, wouldn't I have heard something by now?

 

TB

[Ganymede]

It is strict.

 

If no AoS within 14 days of deemed service you should immediately request judgment.

 

If one is filed but there is no Defence within 14 days of the AoS you should immediately request judgment.

 

I've told you this already.

[ThedaBara]

Thanks. Yes... I requested judgement on the 30th August...

 

I thought I'd be notified by the court within a week if the defendant acknowledged, but 10 days have passed with nothing from the court... perhaps he didn't acknowledge, then.

 

TB

[ThedaBara]

Oh dear... the court has written back... I've done something wrong. How do I attach a PDF, please? TB

[ThedaBara]

Default request returned.pdf

[ThedaBara]

Ahhh... I seem to have attached it... I've no idea what I've done wrong... it clearly states on the Certificate of Service what forms I served, and they already have the POC.

I'm not cut out for all this malarkey. Just when I think I'm getting to grips with it, I realise I know nothing...

 

TB

[ThedaBara]

Oh... I think I see what's wrong...

 

On the Certificate of Service form, where it asks "what documents did you serve", I have ommitted to write that I served the claim form and POC... Although I did include these documents along with the response pack. It's just an error, so should I correct it and send it back?

I guess the defendant can now say I didn't include the POC, as it's not written on the form...

 

Cripes, what a mess!

 

TB

[ThedaBara]

I think what confused me, too, was the note to attach copies of documents which have not already been filed with the court...

 

Am I supposed to attach copies of the response pack- even though the court knows what forms they are?

 

Erk! P'raps I should start again... TB

[ThedaBara]

Hmmm... it sems that when you fill in the Certificate of Service online and you type into the little box where you have to list the documents you sent, if you list vertically, as I did, only 3 documents get printed as there is not enough room in the box, so the top one drops off as you scroll down to type.

I written back apologising for the error of the incomplete list of documents and have attached an amended CoS. This by email... not sure if I should send hard copy as well...

 

TB

[ThedaBara]

Only the Acknowledgement of Service counts.

 

That is simply a notice letting you know what solicitors are dealing with the case.

 

Hi Ganymede,

 

Well, despite the defendant failing to acknowledge, & that I'd requested judgment by default, his lawyers have sent me his defence, which basically amounts to a bare denial.

 

I'm not sure how to proceed...do I acknowledge their defence & await futher instructions from the court?... very confused!

 

TB

[ThedaBara]

No acknowledgement, (last day to acknowledge was 24 Augus)t. His lawyers have served a defence, (8 Sept), full of rubbish and asking the court to strike out.

 

Nothing back from the court re my request for default judgement.

Do I wait further directions from the court, or should I counter defend against all the lies? TB

[Ganymede]

You can file a formal Reply to Defence if you wish but it must be filed and served no later than when you have to return the Directions Questionnaire.

 

Forget default judgment now, the other side have filed a Defence.

[ThedaBara]

Doesn't the defendant have to acknowledge, and/or defend within 14 days of service, though?

 

So I'm not obliged to reply, but if I don't, the court will strike out? What is a Directions Questionnaire? TB

[ThedaBara]

I saw this and I'm still confused about the 14 day time limit… TB

 

 

 

DEFAULT JUDGMENT CAN BE OBTAINED WHEN ACKNOWLEDGMENT OF SERVICE IS SERVED LATE

 

A claimant can enter judgment in default of acknowledgement of service. What is the position if the acknowledgment of service is served late. This point was considered by Phillips J in Almond -v- Medgolf Properties (QBC Comm 19/5/2015). *

 

THE CASE

 

The claimant applied for summary judgment in default of acknowledgement of service. After the application was made the defendant served acknowledgment of service on the claimant but did not file a copy at court. The defendant argued that it was entitled to serve the acknowledgment late.

 

HELD

 

The position had to be be judged at the date that the application for default judgment was made.

It would make a nonsense of procedure if a defendant could avoid default judgment by acknowledging service any time before judgment was entered.

Further an acknowledgment of service had not, in fact, been filed. Providing a copy to a party was not sufficient to prevent judgment being entered.

The history, and absence of explanation for the delay, meant that there was no basis whatsoever for granting the defendant an extension of time.

* Reported on Lawtel. This post is based on the Lawtel summary,.

 

CPR 12.3

 

12.3— Conditions to be satisfied

 

(1) The claimant may obtain judgment in default of an acknowledgment of service only if–

 

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

 

(b) the relevant time for doing so has expired.

[ThedaBara]

Googled it… Seems DQ is for small claims… this is in the High Court, non specified amount in excess of £25k, to be decided by the court. TB

[Ganymede]

Doesn't the defendant have to acknowledge, and/or defend within 14 days of service, though?

 

So I'm not obliged to reply, but if I don't, the court will strike out? What is a Directions Questionnaire? TB

 

 

Forget that and move on, a Defence has now been filed and served so default judgment is out the window.

 

You are not obliged to do a Reply to Defence, it's up to you but it may help if they try and strike out your claim. It's very unlikely that the Court will just strike it out on it's own without a hearing to allow you to argue it.

 

The Court will send you out a questionnaire to complete next. This helps the Court set a time table (Directions) and allocate to either the Multi Track or Fast Track.

[Ganymede]

Googled it… Seems DQ is for small claims… this is in the High Court, non specified amount in excess of £25k, to be decided by the court. TB

 

Incorrect.

 

The DQ is for all claims and so in your case it'll help the Court decide between Fast Track or Multi Track.