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No the defendant has done that. But he has served me four days late and I want to send the defence back unanswered and apply for default judgment as I have suffered enormous prejudice from years of their failures in service. this is the last straw now. If i send it back unopened will that have an impact on me? And wht is the time scale for replying to their defence? is it from the time it SHOULD have been served or from the time it WAS served?