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CEL - do I have a defence?

2

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    misiabela wrote: »
    I have read that SAR can take a month before they send it and sometimes even longer? Is there a point to ask them now?
    we dont tell you to do all of these things for nothing

    if you are going to push back all the time , this will become tedious for everyone

    do the SAR , read those threads , draft your defence and post it below , for critique , dont ask , just DO
  • misiabela
    misiabela Posts: 26 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    Ok, I will. Thank you very much for all your help. I like to ask a lot of questions :)

    One more thing, I take it that the 14 days time scale means 14 working days, right?

    Claim Form was issued on 20 December, I am not sure when I got is as I was on holiday and just returned yesterday,
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    misiabela wrote: »
    One more thing, I take it that the 14 days time scale means 14 working days, right?
    In what context?

    Fourteen days means fourteen days.

    Fourteen working days means fourteen working days.
  • misiabela
    misiabela Posts: 26 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    That means that I was late to submit my AOS. I was sure it was 14 working days. What will happen in such case?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    misiabela wrote: »
    That means that I was late to submit my AOS. I was sure it was 14 working days. What will happen in such case?
    No, you were not late.

    You had fourteen days from the Date of Service of the Claim.

    The Date of Service of the Claim is five days after the Issue Date of the Claim.

    This is clearly explained on the back of your County Court Claim Form:
    You must respond to this claim form within 14 days of the
    day of service (or particulars of claim if served separately)
    The attached forms may be used for that purpose. The day of
    service is taken as 5 days after the issue date shown overleaf.
    and...
    You must send either the completed acknowledgment of
    service form or a defence to the court within 14 days of the
    date of service. If you send the acknowledgment of service
    you must send a defence to the court to arrive no later than
    28 days from the date of service.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 6 January 2020 at 8:19PM
    post #11 gave you the correct timescales , 19 days was allowed for AOS
  • misiabela
    misiabela Posts: 26 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    Oh, ok, thank you for clarifying that. You are very helpful wich is much appreciated as I just came back from holiday and got lost in all this! I will draft my defence tomorrow and post it here.

    Should I mention that I was informed by a member of staff that I could park there? As I said earlier, I have no evidence to proof that, so probably it is not worth mentioning. What do you think?
  • Redx
    Redx Posts: 38,084 Forumite
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    depends if your defence is as DRIVER or as KEEPER, we have not seen it yet

    its worth mentioning if your defence is as driver

    dont go into elaborate detail however, save that for your WS in a few months time
  • misiabela
    misiabela Posts: 26 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    I was the driver and I already admited it in my appeal.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    then ensure you have references that you can expand on later, by mentioning them in your driver based defence
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