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Jenny21

rules for application for extra time in county court

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I took out a money claim to recover money owed.

The Defendant hired a Solicitor who sent and acknowledgement and applied for extra time, 28 days, to file a defence, I made no objection to this application and the court never put it in front of a judge for ratifying.

 

However, 28 days later when the date specified by the Solicitor on their sample order had passed, no defence had been filed, so I applied for the judgement to be made by default as no defence has been filed.

 

The Solicitor then called me (4 days past filing date) requesting further information so that they could begin to put together their defence... (BEGIN to??!) and I pointed out that I had already applied for Judgement as they were now out of time (CPR 12.3 (2)a "The Claimant may obtain Judgement by Default where acknowledgement of service has been filed but a defence has not been filed and the time for filing has expired).

The Solicitor said that the extra 21 days dont start until they are rubber stamped by a judge.

 

Today I received notification from the Court that the request for judgement has been returned by the judge for referral to a District Judge.

 

So, my question is:

 

Where extra time is requested and not challenged, is it accepted that the extra time is granted by agreement?

Or can this defendant solicitor continue to delay filing until they get a rubber stamp agreeing extra time?

 

My reading of the rules that where extra time is agreed 28 days would be given, would apply where no challenge is made to the request for extra time.

 

How do I challenge this and stop them late filing please?

Edited by dx100uk
space/spell

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me thinks they are trying to pull the wool

you didn't agree to the extra time so it cant happen

you correctly went for judgement.


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I think you just need to let your application for default judgment work its way through the process.

 

You are correct on the rules, save to note that the courts can and often do grant time extensions. Generally the court will err on the side of letting people file a defence rather than issuing a default judgment. If the DJ is minded to do that, there is not a great deal you can do to stop it unfortunately. If an extension is granted you would need to continue with the court process until it reaches its conclusion.


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Agreement extending the period for filing a defence

CPR15.5

 

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5


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