Court Claim Timescales Question

[whitelist]

Have taken out a claim in the County Court with breaches in a contract of employment and failure to pay sums when due.

Unable to use the Employment Tribunal Service as timed out with the grievance procedure.

It is 14 days to acknowledge the claim, and a further 14 days to admit or submit a defence with five days for service. (33 days total)

What happens if the respondent acknowledges with intention to defend, say, after the first 10 days after service?

Do they still get the full 14 days to submit a defence and 33 days total, or less?

[dx100uk]

as long as aos is done by day 19 from the date on the claimform they get a total of 33 days to file a defence. (whereby the date top right on the claimform is ONE in the 33 day count)

dx

 

[whitelist]

Thanks

Noting the day to apply for default judgement if necessary

[dx100uk]

thats down to mcol making that option available for you to select, you cant force it.

typically if there are known processing delays at northants bulk it will be atleast 14 days later if not more.

[AndyOrch]

18 hours ago, whitelist said:

Thanks

 

Noting the day to apply for default judgement if necessary

You cant get a default judgment if they have acknowledged the claim

[whitelist]

 

Just looking for confirmation and should have been more clear in my original post.

Claim has been acknowledged, but no defence submitted, and the clock ends on Tuesday.

Was under the impression if no defence has been submitted within the 14 +14+5 days ,default judgement can be requested?

 

CPR 16(5) states:

 Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

 

Edited May 25 by whitelist

[AndyOrch]

Judgement can be requested...you can only get a default Judgment if there has been no acknowledgment of service.

CPR 16(5) is with regards to the contents of a defence a response...no connection to what defines a default judgment.

Andy

[whitelist]

Seeking further advice now.

The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow.

The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence.

This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days?? 

So being MoneyClaim Online, how do I request the claim be awarded in my favour?

[Badtimes123]

There are example threads where AOS is done but defences are submitted late, it happens, sometimes because MCOL is broken!

As the claimant you will be able to reference a late filing and request it be struck out for not following Court Directions, for example if the defendant arrived at court with it on the day without submitting... but I believe there is some (slight) wriggle room for defendants (reasons depending) on late defence.

I believe you just need to continue your claim, no defence and not following court directions will almost certainly strengthen your case

Edited June 3 by Badtimes123
re-word

[whitelist]

You have to request judgement when no defence submitted..

The question is how with Money  Claim Online?

Edited June 3 by whitelist

[Badtimes123]

With the option when it becomes available as per previous comments. Keep checking after deadline

[whitelist]

The only option available with MoneyClaim online is requesting judgement if no allocation of service submitted.

They have done that.

Bumping thread. 

Defendant has until 16:00 today to submit a defence or will request a default judgement

THE QUESTION IS HOW?

Being MoneyClaim Online

Any takers?

Edited June 3 by whitelist

[dx100uk]

if an option is not there nor available to click, you can't.

 

[whitelist]

Thanks, this is why I was asking with people who have previously been in this scenario.

My thinking is that I have to wait for the system to update, then giving me the option of requesting a default judgement?

[dx100uk]

yes correct.

remembering some of the evri claims here , i believe its quite usual for MCOL to not allow the option to request default judgement if the court know there are processing delays for mail/email going on.

earlier in the year, in april they were reports they were only just be beginning to process sent paperwork for mid january.

dx

 

[AndyOrch]

As per my last post you cant get a default judgment because they have Acknowledged service of claim...therefor getting the full 33 days. You can manually request judgment using form N225

Default judgment =no acknowledgement  and or no defence.

https://www.gov.uk/government/publications/form-n225-request-for-judgment-and-reply-to-admission-specified-amount

Andy

 

.

 

.

[whitelist]

Many thanks, doing the N225 form now striking while the iron is hot.

Two questions if you can be so kind.

Take it can upload the form on MCOL like with the original claim form?

Is there any fee submitting the N225 Form?

[AndyOrch]

Yes you can email and no there is no fee

[whitelist]

just making sure am ticking all the boxes with this one

Do you have the correct MCOL email address by any chance?

Just want to make sure sending to the right one as do not want to confuse with the new MoneyClaim service.

[AndyOrch]

https://www.consumeractiongroup.co.uk/topic/461160-the-new-civil-national-business-centre-replaces-ccbc-or-ccmcc/#comment-5254450

[whitelist]

Email: moneyclaims@justice.gov.uk

 

Is that still current and correct?

Edited June 5 by whitelist

[whitelist]

FINAL QUESTION

On the N225 FORM

 

Where it states in the xzy court with claim number, etc

Take it that will be MoneyClaim online?

[AndyOrch]

Yes because the claim is still with them and never been allocated

[whitelist]

There has been a development

Submitted the N225 application yesterday.

 

MCOL now states:

A Bar has been put in place??

(Take it that means cannot enforce judgement)

A defence has been filed with the court

This has all happened on the 34 day, so a day late the defendant's submission.???

Options???

 

Please note that the defendant can still reply to your claim until the court has processed your request. If the defendant’s reply is late but arrives before or even on the same day as your request, it will have priority.

 

Edited June 6 by whitelist

[Badtimes123]

See post 9 that you were not interested in at the time. Maybe re-read your whole thread.

With all due respect, you are bringing a claim, you should already know what to do, and if you don't already then you should be reading up on court process.

You will get the chance in the future to stike-out the defence due to late filing, however 34 days is 'acceptable', each case circumstance depending.

As the claimant, once defence is filed, yours is the next move as the courts will send you the defence, and both you and the Defendant the DQ's for you to fill out.

I once again urge you to self help a little and research to understand what that is.

Edited June 6 by Badtimes123
re-word always.....