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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9118
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The defendant has served me his defence out of time. I want

Customer Question

Hi the defendant has served me his defence out of time. I want to send the papers back unopened and apply for a default judgment. Can i send the papers back unopened? And what is the timescale please for replying to defence?
Submitted: 2 years ago.
Category: UK Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I am happy to help you today.What is the claim for? How late is the defence?
Customer: replied 2 years ago.

Hi Alice. The claim is for a sale of the under value of a previous property. That property was repossessed and sold. I was not informed until almost two years later that it had been sold at a shortfall. That shortfall has formed a default judgment and then a charging order, (all unbeknown to me) and that charging order has resulted in the loss of our home. I also never received the charging order and did not get an opportunity to challenge it because the Claimants have serially mis served me to the wrong address. They have now filed their defence 4 days out of time and I have had enough.

Expert:  Alice H replied 2 years ago.
I understand. Can you clarify: was the defence lodged with the court 4 days late or received by you 4 days late or both?