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Response to MIG Policy

from M Amos (idgroms@hotmail.com)
Robert,

You may find the following site of interest too:

http://www.debtadvicebureau.org.uk/bankruptcy/statutory_demand.html

If you do the following (obtained from a solicitor) this should get you more time:

Parties can agree to an extension of up to 28 days for filing a defence. Where such an extension is agreed, the defendant must notify the court un writing (CPR 15.5).

If this cannot be agreed, the defendant can apply to court to extend time for filing a defence under the court's general powers of case management.

CPR 3.1(2) states that except where the rules provide otherwise, the court may -

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired).

I assume that any such application would be on court form N244 with a fee of £50.00 but it would be sensible to check this with the relevant court (as not all courts do things the same way!)

In the N244 application, the reasons for the extension must be set out, e.g. the claimant's delay/failure in providing information/documentation, and it should be stated that, under the 'overriding objective', failure to grant an extension would result in a miscarriage of justice. This should all go on part C of the form, on the reverse side.

Some info on setting up a defence (also from a solicitor):

One general point on defences that it's useful to remember is that it is usually not enough to make a mere denial, it is usually necessary to say why something is being denied.

For example, it is not enough to say "I deny owing the money". The reason why the debt is denied needs to be stated: e.g. "because I have already paid the claimant", or "I do not admit the claim because the claimant has failed to prove the debt".

Also, if a claim is to be defended, it is useful to go through the particulars of claim and respond to them one by one, and say, for example, "para one of the partics of claim is not admitted", "para two of the partics of claim is denied. The claimant has failed to prove the debt. The defendant puts the claimant on proof etc. etc." or "The defendant admits para 3. of the particulars of claim" etc.

Hope this is of use, Good Luck.

Mark.

(posted 7332 days ago)

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