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Small Claim Now Issued - bwlegal - letter of claim, reply then response, next steps

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Youre out of time, for sure, but you just need to file a defence before they can file for default judgement. 
  • Ralph-y
    Ralph-y Posts: 4,755 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    feel 100% safe about the above request

    Ralph B)
  • samboella
    samboella Posts: 28 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Update: defence marked as received in MCOL on 05/05/20.
    Does that still mean I’m out of time?
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    samboella said:
    Update: defence marked as received in MCOL on 05/05/20.
    Does that still mean I’m out of time?
    You're out of time for sure, much will depend whether the PPC has already applied for a judgment in default. If they haven't, or don't raise the fact that you have submitted late, you might scrape it.  Only time will tell. I'd check your MCOL portal regularly. Come back if the status of the claim shown on it changes. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whatever you do, do not miss filing a DQ.
    Someone else has just reported doing just that and now has a Default Judgment against them.
  • Johnersh
    Johnersh Posts: 1,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    If the court has received your defence (even out of time) before it has given a judgment in default you're OK - irrespective of whether the ppc asked for the default judgment before you filed the defence.

    Regulars will be amused by this helpful commentary from a well known firm:
    hxxps://www.wrighthassall.co.uk/knowledge-base/if-you-file-a-defence-late-you-can-still-avoid-judgment-being-entered-in-default
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    samboella said:
    Update: defence marked as received in MCOL on 05/05/20.
    Does that still mean I’m out of time?
    You ran out of time, but all the meant wa syou were then in a race; if you file before they do, you win. If not, they win. 

    You CANNOT miss any further deadlines. You MUST read the newbies thread and ensure you get teh form downloaded yourself and filled in and sent off, as the ewbies thread tells you. no risking post onthis. 
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Johnersh said:
    If the court has received your defence (even out of time) before it has given a judgment in default you're OK - irrespective of whether the ppc asked for the default judgment before you filed the defence.

    Regulars will be amused by this helpful commentary from a well known firm:
    hxxps://www.wrighthassall.co.uk/knowledge-base/if-you-file-a-defence-late-you-can-still-avoid-judgment-being-entered-in-default
    @Johnersh - with 41 posts under your belt you should be able to post live links. The old forum's tipping point was around 15 posts, so I think you should be ok now. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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