Abuse of Court Process - time extension + costs?

A Claimant deliberately served an N244 on me whilst I was on holiday, knowing full well I was on holiday.

When I returned I was on the last day to file acknowledgement of claim.  I have CPR'd the Claimant as no documents have been supplied despite them being mentioned in particulars of claim.

The CPR has to be replied to by the last day of when I can file a defence so I will not have time to digest their paperwork.

If I apply on an N244 for an extension is there any chance that I can get the Claimant to pay for the filing of this N244 as they have abused the court process by submitting a claim whilst I was on holiday and have hindered me in supplying a defence OR do I just submit an embarrassed defence citing lack of time due to the unreasonable behaviour of the claimant?

thank you, Lisa

 

No one who issues a claim

No one who issues a claim against someone else has to ensure that they are home first before filing.

This is not an abuse of process.

Put your defence in as best you can, rather than delay.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

...

double post - sorry.

Profile: Independent (self-employed) legal professional: 25+ year work history incl. 10 years in child protection - seven years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given.

I may need correcting, but if

I may need correcting, but if you are saying that the other person has filed a n244, is it with a hearing?

If it is at a hearing you can make a defence.

If what you are saying is when you were on holiday you were served with a N1 form, and now need more time. you are doing the right thing(aknowledgement of service).

If you do file it late and had a default judgement, it would have easily been overturned if you showed proof of your holiday.

Profile: Am I moving backwards or is everyone moving forwards?

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