Not a hospital car park

Coupon-mad

Your deadlines are as stated by KeithP and both are easily done when abroad.

fineclaret

Coupon-mad said:

Your deadlines are as stated by KeithP and both are easily done when abroad.

Not where I'm going... hiking deep in the mountains. Absolutely no internet until I next hit 'town' in 10 days, when the plan was to just buy food and head back in. I have none of the prior paperwork to hand. I can acknowledge service of course.

fineclaret

KeithP said:

fineclaret said:

I have 14 days from 8th July to acknowledge service, another 14 (not 30 total as has been mentioned) to send defence.

I don't think anyone mentioned 30 days to respond to a Claim, did they?
I can however see the suggestion that one has 30 days to respond to a Letter Before Claim, which is correct.

Is a LBC optional, then?

Gr1pr

Get the AOS done online asap, that is the first task, login to MCOL and get it done, today if possible 

You then have about 4 weeks to adapt the template thread defence by coupon mad and email it as a pdf attachment to the CNBC in Northampton, so you can do everything online anytime you like within the next 4 weeks , when it suits you 

Forget about the LoC , this is the next stage, concentrate on the claim form and 2 imminent tasks at hand 

Although you have 4 weeks, you could do both ASAP if you need to, due to having no internet soon, we gave you deadlines, but do them as soon as possible if that is better for you 

Look for solutions, not problems 

fineclaret

Although you have 4 weeks, you could do both ASAP if you need to, due to having no internet soon, we gave you deadlines, but do them as soon as possible if that is better for you 

Look for solutions, not problems 

Yes, understood, but I simply cannot deal with this on flaky coffee shop internet while also preparing for the expedition. I have sent the AOS though.

Another problem down the line: I am away again for several months later in the year, so if a hearing is scheduled for then, I could not attend, in person or remotely. I may just have to put up with a CCJ, given the circumstances.

Coupon-mad

Why? You haven't got a CCJ and can easily email a defence or ring your partner to email it for you from your hotel the day before you fly home.  Doesn't matter which email address it comes from, as long as it is from you.

Electronic signature on the defence so no printing or signing needed.

Being away later this year isn't relevant as the hearing (if any) will be in 2025 and you get a form (this year) to tell the court about all your unavailable dates in advance.

You can see this off.

fineclaret

One question: is mitigation relevant at this stage? My whole defence in my mind is due to mitigation, but such clauses are routinely advised removed in threads.

Also, there is a suggestion in the template thread that AOS should not be sent until 5 days post date of issue, to avoid 'eating into your days'. I sent it 'early', but fortunately my form states I still have 28 days from issue date + 5 for defence. Which I will need.

Coupon-mad

Mitigation? What exactly is it? Might go into your facts section but depends.

fineclaret

Coupon-mad said:

Mitigation? What exactly is it? Might go into your facts section but depends.

Our reasons for the (20 minute) overstay: excessive time taken to actually pay at one end; our daughter being moved from A&E (after being there for 24 hours) to the ward at the other - car parking not being top of the agenda when your daughter's being admitted to hospital.

LDast

fineclaret said:

Also, there is a suggestion in the template thread that AOS should not be sent until 5 days post date of issue, to avoid 'eating into your days'. I sent it 'early', but fortunately my form states I still have 28 days from issue date + 5 for defence. Which I will need.

It doesn't matter if you compete the AoS before the "deemed" date of service. There was some debate a while ago about this but I had it confirmed by a district judge that it doesn't matter. As long as AoS is done any time before 19 days after the issue date, a defence can be filed up to 4pm on the first working day after 33 days of the issue date of the claim.