Question about claim form and date of service

herethere

Hello am new here. My friend has a claim form - it says she has 5 days from date on top to respond. Looked online and it appears that she has 2 days from date of posting. So what is the legal position please? Is it 2 days from date of posting or 5 days from date on claim form?

Thanks in advance of your answers

fermi

Claim form from what type of court? What form number? N1?

5 days to actually respond sounds very odd?

5 days from issue to deemed service might be more like it?

herethere

Its claim from money from a creditor from Northampton. It says on the back date of service is 5 days after date on form - then got 14 days to send back. Sorry was not very clear....do not know much about all of this

RAS

is this a default notice?

fermi

I think the rules strictly say 2 days from posting, but the claim form normally has it as 5 days from issue which is what the court will go by.

Presumably the 5 days from issue gives them a little longer?

herethere

Not a default. Think its an N1 - claim from a creditor for a debt she owes.

Question is - when does she have to respond by? Date on form 2nd February.

Does she have 2nd Feb - 5 days after (7th Feb) date of service - then 14 days

OR 2nd Feb - 2 business days (4th Feb) date of service - then 14 days?

Mainly needs to know when to have it back by. Looked at Civil Procedure Rules and other websites and all say date of service is 2 days after posting so why is she being given 5 days for date of service? Very confused. Need to tell her to join on here herself but she is not good on internet

She is getting advice and not sure what to do at the moment so wants to know when it must be back by?

fermi

You can take it as 5 days from issue, as the claim forms do not go in the post immediately. Date of issue is not neccessarikly the same a postage, and/or they know that 2 days can be "optimistic" for the mail.

So they give you a nominal 5 days from the date of issue.

So I'm told anyway. If in doubt, give the court a call to check.

BlueAngelCV

The usual rules are 2 days after posting but the date of issue is not necessarily the date that it was posted.

If the court form says 5 days from date of issue then that is what she has.

I'm guessing it's the Northampton CC Bulk Centre which possibly allows the extra time because they do deal with claims in bulk.

So proceedings were issued 02/02, served 07/02 and she has until 21/02 to respond.

ETA - Femi beat me to it