Service of defence to counterclaim

johjames

I received a Counterclaim in relation to a MCOL claim I commenced against a cowboy builder. The Notice of Proposed Allocation to the Small Claims Track I received in the post along with his Counterclaim was dated 16 September 2019. I filed my defence to the Counterclaim at the County Court today (27 September) and posted a copy to the builder by 1st Class post. Do you know if I left it too late to post it? If so I can ask my brother who he doesn't know to post a copy through his letterbox tomorrow.
I've been looking at the CPR and reading and I still don't know where I stand and what do. I really would welcome some advice please.

Le_Kirk

First class post will be deemed to have been delivered two days later. As that would be a Sunday, it will be Tuesday. How does that fit with the deadlines set by the court papers?

da_rule

If the counterclaim was deemed to be served on you on 16th September then your defence should be filed and served by 30th.

As Le_Kirk says, yours will be deemed to be delivered on Tuesday (1st), so technically out of time.

If you can get it hand delivered then I would. I would also get your brother to give you a quick statement (while it’s still fresh in his head) setting out the date and time he posted it through the letter box.

If it’s hand delivered over the weekend or before 4:30pm on Monday it will be deemed to have been delivered on Monday. If you do it after 4:30pm it will be deemed to have been delivered on Tuesday.

I would also make sure that you write his name on the envelope and mark it as ‘Delivered By Hand’.

johjames

Thanks Le_Kirk and da_rule. I've done as you've suggested and my brother has hand delivered it today. I only filed 1 copy with the Court, but I'm now wondering if it should have been 3. I couldn't find anything to clarify this either, do you have any idea please? Thanks.

da_rule

As you are serving a copy on the other side yourself, one copy for the court will be adequate.

johjames

da_rule wrote: »

As you are serving a copy on the other side yourself, one copy for the court will be adequate.

Thanks da_rule.
I've noticed that I only wrote 'Claimant' in the 'To be completed by, or on behalf of' box on the top left of the N180 Directions Questionnaire, but not my name.
Do you know if this will matter, or if I should refile with the Court (if indeed I can do that) and ask my brother to redeliver an amended version by hand to the Defendant?