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Hi. Can I get an adjournment filing my defence to a claim as

 
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  • Answered by:Thomas Judge
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Customer Question

Hi. Can I get an adjournment filing my defence to a claim as I am abroad and need to fly to UK with appointment with a UK Lawyer? I have asked and given once an adjournment but they have given an adjournment to a joint defendent on the same case for a second time? Thanks

Submitted: 687 days and 10 hours ago.
Category: UK Law
Value: £57
Status: CLOSED

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Expert:  Thomas Judge replied687 days and 10 hours ago.

Hi

You would normally need to draft a consent order with the other party (two letters would often suffice) stating that you be given an extra 14 or 28 days to file your defence. This is not uncommon

Happy to discuss

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Expert TypeSolicitor Advocate
Category: UK Law
Pos. Feedback: 97.2 %
Accepts: 5437
Answered: 8/1/2011

Experience: Award winning lawyer with over 15 years experience

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Customer replied687 days and 10 hours ago.

What happens if the claimant refuses to give me extension of time? Do I apply to the court for permission? Is it a form I fill in the court or just a submission of a letter?

 

Thanks

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Expert:  Thomas Judge replied687 days and 9 hours ago.

Then you would make an application to the court on form N244 - setting out the basis of the request

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Customer replied687 days and 9 hours ago.

What is the likelihood that the application N244 will be accepted? Is the hearing the same day and what happens in the meantime?

 

Am I going to be allowed to file a defence later on?

 

 

Thanks

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Expert:  Thomas Judge replied687 days and 9 hours ago.

Hi

You should make a paper application (it's a box you can tick on the n244) and the court can deal with your application on the paperwork

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Customer replied687 days and 9 hours ago.

Peter, what is the likelihood that the adjournment will be accepted? The claimant gave extension of time once before to both joint defendents, but this time he gave extension of time 28 days to the first defendent but refuse the second defendent (me).

 

 

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Expert:  Thomas Judge replied687 days and 7 hours ago.

You should have a good prospect from what you have written

Customer replied687 days and 6 hours ago.

Peter, the other option I want to discuss with you is:

 

Instead of filling N244 application for extension of defence, I fill up basic defence claim form with a counterclaim and then I write in the defence that I need more time in order to file a complete and full defence. But at least they have something insteadof nothing. What do you think?

 

Also, can I file a defence with an Unspecified counterclaim? What is unspecified? How much are the fees for unspecified counterclaim?

 

 

Thanks

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Expert:  Thomas Judge replied687 days and 3 hours ago.

The court really need the detail in the first defence

 
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