Urgent- MISSED DEFENCE DEADLINE. Help!!

marjoria

Hi all, 

Please note as usual I have read the sticky note. 

I was clearing out lots of mail that I had accumulated after a recent holiday and generally being away from home. I have noticed that I received a claim form (confirmed its genuine) and I am out of date in terms of defending it. As I understand you have 14 days to respond plus 5 days for the claim form to reach you. I am just outside that. What can I now do, I want to file anyway and I wonder if they will notice and pick up on it. What will the court say? 

Any advice is appreciated. 

Thanks.  

KeithP

What is the Issue Date on your County Court Claim Form?

Who is the Claimant?

marjoria

Issue date was 13 september 2021

KeithP

marjoria said:

Issue date was 13 september 2021

You are not too late... yet.

What you must do today - by 4pm - is file an Acknowledgment of Service.

This will give you another fourteen days to file a Defence.

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

Having filed an AoS in a timely manner, you have until 4pm on Monday 18th October 2021 to file your Defence.

That's two 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

marjoria

okay. 

I did see the steps under the sticky note for submitting a AOS. I will do that now.  Will post back here if I have any questions on that. 

Thank you. 

Coupon-mad

But come back after that to work on your 'facts' section of the template defence.  Read several others first.

What's the issue date of your claim please?

KeithP

Coupon-mad said:

What's the issue date of your claim please?

The OP has already told us...

marjoria said:

Issue date was 13 september 2021

  

marjoria

Can confirm I have just completed AOS. 

In terms of defending, as recommended I will use the template provided on here but I have a few questions. 

1. What are the chances that they have kept any cctv. I missed the opportunity to submit a SAR so don't know if they have it. 
2. They are arguing that I have not used popla - will this look unfavourably on me? 

Le_Kirk

You can submit a SAR at any time; it will be more useful to you later on at witness statement stage.  I doubt they have CCTV, although some do, it will have been ANPR cameras.  Who is "they" that is arguing about not having used POPLA?

D_P_Dance

Have you complained to your MP?