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    • are you actually going to benefit out of this at all?   I was slightly getting confused here earlier, and forgot you said you are the claimant because you are suing the defendant for the cost of a hire car that you personally haven't had to pay for ?    
    • I received PCN's from TFL and Southwark. 08/06/19   I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA.   TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply.   (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine).   I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage.   I complained again through resolver.co.uk and Marston lied again.   Then I sent ALL my info and evidence etc.   They then took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc.   TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it.   The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler.   I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain.   I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Basically; regarding the footage: my initial message to them, I made myself seem unaware and 'stupid' so they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' so they can't uphold my complaint, then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal) so when they received the in-depth response, I think they got scared, went away for a couple weeks and tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250. She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
    • yes. Did you earn over £12,500  with that employer during the year?
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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.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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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