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Responding To A Claim Defended And Admitted Claims Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

This is an extract of our Responding To A Claim Defended And Admitted Claims document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

RESPONDING TO A CLAIM - DEFENDED AND ADMITTED CLAIMS

? defended claims ? track allocation
? undefended claims ? default judgment GENERAL RULE: TIME WITHIN WHICH D MUST RESPOND

? D has 14 days from service of PoC to: (a) file OR serve an admission; OR (b) file a defence (+ counterclaim); OR (c) file an AoS

D ADMITS CLAIM

? complete admission form in response pack - admit whole OR part of claim D admits whole claim

? D able to pay o if pays whole within 14 days of service of claim form, only liable for fixed costs

? D needs time to pay (1) offer on admissions form to pay by instalments + complete Qs on financial circumstances

(2) C accepts offer + notifies court ? judgment entered in line with offer (3) C refuses offer ? court decides rate of payment D admits part of claim

? file defence for denied part AND admission form for admission (procedure for admitting whole claim)

D DISPUTES CLAIM Acknowledgment of service

? = tear off lower 2/3 of cover sheet on response pack
? use to extend time for serving defence if D: (a) unable to file defence in time; OR (b) disputing court's jurisdiction
? procedure o if an individual, D must state DoB o D must:provide address for service in jurisdiction

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