Missed Claim form deadline, anything I can do?

[beerme1664]

Hi all, due to a massive cock up by myself I have missed a claimform deadline and judgement has been issued according to MCOL, this was because I went on holiday and was too late when I got back, yesterday....completely my own fault!

 

Is there anything I can do?

[dx100uk]

did you not defend all

what date is top right claimform?

[beerme1664]

As I said, missed it.....miscalculation on my part and was too late...date on cf was 06/07/17

[dx100uk]

only set aside then?

 

has the judgement for claimant letter not come through yet?

 

that's was stupid

why didn't you start a thread about it we could have reminded you

[beerme1664]

Yep, my own fault...too much going on, change of job, (start new one Monday), one of many things dividing and conquering my time.

[dx100uk]

Would nice if you concluded the others claim threads here too

We don't mind helping but...

[beerme1664]

They are still ongoing, both will conclude in the next 4 weeks or so....

[dx100uk]

please go and update them please.

 

 

dx

[AndyOrch]

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

• The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

 

Consequence of not filing an acknowledgment of service

10.2 If –

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.1

 

Regards

 

Andy

[ThedaBara]

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

• The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

 

Consequence of not filing an acknowledgment of service

10.2 If –

(a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

(b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.1

 

Regards

 

Andy

 

 

Hi Andy... the part in red;

What happens if the Defendant doesn't acknowledged a claim within 14 days, but defends on time?

 

This happened to me last year and whist the court at first entered judgement by default,

the defendant stated that they did file an acknowledgement on time.

 

 

They produced a certificate of service, and the court overturned the default judgement.

 

I think the fact that you are not required to send documents by recorded delivery means that you could, if you were dishonest, just backdate the certificate of service, etc. TB

[AndyOrch]

If its running through MCOL then you cant submit a defence on line without acknowledging service first..unless the defence is submitted manually.

 

The time for filing the acknowledgement or defence has not yet expired;

 

Unless acknowledgement of service is made you dont get the extra 14 days to submit a defence therefore you deprive yourself of the full 33 days and restrict your self to 19 days (14 +5).Therefore the claimant can request judgment anytime after 19 days of service of the claim.

 

Im sure that providing an application is made promptly and a valid defence offered a set a side would be granted on this Default Judgment

 

Regards

 

Andy

[ThedaBara]

If its running through MCOL then you cant submit a defence on line without acknowledging service first..unless the defence is submitted manually.

 

The time for filing the acknowledgement or defence has not yet expired;

 

Unless acknowledgement of service is made you dont get the extra 14 days to submit a defence therefore you deprive yourself of the full 33 days and restrict your self to 19 days (14 +5).Therefore the claimant can request judgment anytime after 19 days of service of the claim.

 

Im sure that providing an application is made promptly and a valid defence offered a set a side would be granted on this Default Judgment

 

Regards

 

Andy

 

 

Thanks, Andy

 

TB