Extending beyond 14/28days on a County Court Claim

[essex_chris]

I hope you might be able to help - this is one forum i thought might be able to help even though my issue is not the norm for here.

 

My parents have received a county court claim as part of a boundary dispute. It came requiring a response within 14 days, and we responded asking for the 14 day extension to 28days so that we can prepare out defence.

 

We have just found that our insurance company are refusing to cover legal expenses for a number of reasons, and whilst we are going to challenge that, we need to progress.

 

We can't really afford to pay out for a solicitor, but have spoken to several about the case, both recommended, but also friends who are in the trade.

 

We have been told that it is par for the course in these disputes to apply for an extension for the purposes of preparing a defence - beyond the standard 28 days.

 

Since it looks like we may be defending the case outselves we would like to do this, but right now do not know the correct way of going about it.

 

We have a very strong case, and have a very well documented 10 years of little action and no negotiation by the other side.

 

If you have any advice or could suggest where to go next it would be much appreciated.

 

 

Thanks in advance

 

Chris

[Ganymede]

I hope you might be able to help - this is one forum i thought might be able to help even though my issue is not the norm for here.

 

My parents have received a county court claim as part of a boundary dispute. It came requiring a response within 14 days, and we responded asking for the 14 day extension to 28days so that we can prepare out defence.

 

We have just found that our insurance company are refusing to cover legal expenses for a number of reasons, and whilst we are going to challenge that, we need to progress.

 

We can't really afford to pay out for a solicitor, but have spoken to several about the case, both recommended, but also friends who are in the trade.

 

We have been told that it is par for the course in these disputes to apply for an extension for the purposes of preparing a defence - beyond the standard 28 days.

 

Since it looks like we may be defending the case outselves we would like to do this, but right now do not know the correct way of going about it.

 

We have a very strong case, and have a very well documented 10 years of little action and no negotiation by the other side.

 

If you have any advice or could suggest where to go next it would be much appreciated.

 

 

Thanks in advance

 

Chris

 

 

You need to speak to the other party or their solicitors and see if they will agree to a further 28 days.

[Josie8]

If they don't agree then you need to make an application for an extension before the 28 days expires

[essex_chris]

Thank you for the replies.

 

Can you advise as to where i can learn about the extension and applying for it?

 

Presumably whether the other side agrees to it or not it would be the courts decision? The other side will not agree, or at least i very much doubt it.

[Josie8]

Both parties can agree to an extension for a further 28 days but only court can agree for longer period.

 

You need to ask other side for extension and provide reason. If they refuse you make application under I think CPR 15.5 on a N244 form for extension of time. State reason & say claimant refused. £75 fee. Asking them first should protect you from paying their costs if they contest it because you have acted reasonably

[Ganymede]

Thank you for the replies.

 

Can you advise as to where i can learn about the extension and applying for it?

 

Presumably whether the other side agrees to it or not it would be the courts decision? The other side will not agree, or at least i very much doubt it.

 

 

You can agree to an extension without the court's permission.

[essex_chris]

We will try asking the other side, but in 10 years their cooperation has been non-existent. We just want to fight the case because we dispute all of their claim, but we don't want to spend thousands of pounds on legal fees.

 

What is CPR 15.5 ?

 

Thanks again for the replies

[Josie8]

Court procedure rules