Applications to the court
Applications can be made for various reasons, such as:
Here we will refer to applications for a directions order, used when the other side does not comply with a request for documents or further information, or is unable to comply with such a request in a timely manner. See requesting documents and requests for further information.
Applications are submitted using and N244 form. A fee is payable but in certain circumstances you may be able to apply for remission of the court fee, for example, if you are in receipt of benefits or on a low income. Form EX160a has full details. Guidance notes for completing the N244 application form can be found here: N244 guidance notes.
You should keep copies of any letters sent to the claimant (or solicitors acting for them) and proof of posting. Ideally letters should be sent recorded delivery. This is important so you can have exhibits to attach to your witness statement supplementing your application. You will need to attach a witness statement to the application form, showing the letters and detailing the history of the claim, stating that you had an extension under 15.5 or that the claimant (or their solicitors) refused to agree to one, and that you need the court to allow you more time to file a defence and ask the court to order the claimant to provide the documents requested so that you can plead properly.
Below is an example N244 application for an unless order. You will need to download and fill in your own N244 application form.
An example witness statement for an unless order application can be found below:
An example draft order is included below: