Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
  • Our picks

Jenny21

rules for application for extra time in county court

style="text-align:center;"> Please note that this topic has not had any new posts for the last 449 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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.


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

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.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...