Letter before action Wells quay

finchman

I know figure of speech 

finchman

Hi all received court papers today do I register MCOL for AoS regards p

KeithP

finchman said:

Hi all received court papers today do I register MCOL for AoS regards p

Not yet.

Before doing anything please tell us the Issue Date on your County Court Claim Form.

finchman

Thanks Keith 27 August 

KeithP

With a Claim Issue Date of 27th August, you have until Tuesday 15th September to file an Acknowledgment of Service. If possible, do not file an AoS before 2nd September, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 29th September 2020 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

DoaM

KeithP said:

With a Claim Issue Date of 27th August, you have until Tuesday 25th September to file an Acknowledgment of Service.

Is that right? I thought the AoS was supposed to be done within 14 days? https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.3

KeithP

DoaM said:

KeithP said:

With a Claim Issue Date of 27th August, you have until Tuesday 25th September to file an Acknowledgment of Service.

Is that right? I thought the AoS was supposed to be done within 14 days? https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10#10.3

Within fourteen days of the date of service. Not fourteen days of the Date of Issue.


This is confirmed in the Money Claim Online (MCOL) - User Guide.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

DoaM

I'm just surprised the defence needs to be in only 4 days after the AoS, so wondered if you'd made an error in calculating the AoS date. (I still think the AoS date should be 15th not 25th?)

finchman

I will fill it in 2 sep using Coupon-mads thread link

KeithP

DoaM said:

I'm just surprised the defence needs to be in only 4 days after the AoS, so wondered if you'd made an error in calculating the AoS date. (I still think the AoS date should be 15th not 25th?)

Sorry. Typo. For 25th read 15th. Now corrected.