Updated November 2025
Answer in 30 seconds (snippet-bait)
No PoDs within 21 days of N252 service? Move for a Default Costs Certificate (DCC) under CPR 47.9. Keep airtight service proofs, ask for payment on account, and be ready to defend a set-aside attempt under CPR 47.11. Templates below.
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• Pre-condition: You have commenced detailed assessment correctly (Bill/e-Bill + N252 served).
• Trigger: 21 days pass after valid service of N252 and no Points of Dispute are served.
• Action: Apply for a Default Costs Certificate under CPR 47.9 for the full amount claimed (or the balance if PoDs were only partial).
• Why HDR loves this: Housing Disrepair remains outside FRC, so hourly recovery applies; the DCC is a cash-flow accelerator and leverage tool.
Practice tip: Diary Day 22 on service. If PoDs arrive late without consent or order, proceed with the DCC unless you’ve expressly granted extra time.
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Keep these together as a one-click bundle:
• Certificate of service for N252 + Bill/e-Bill (method, address, date/time).
• Covering email/letter attaching N252 (with attachments list).
• Bounce-back logs or delivery receipts (DX/track & trace/signed-for where used).
• File note confirming no PoDs received by close of business on Day 21.
• Any extensions granted (email chain) or agreed directions.
• Court-accepted Bill/e-Bill XML and schedules (to show compliance).
Label everything by date. Your set-aside response will simply cite these documents by reference.
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Defendants will often apply to set aside a DCC. Your aim: keep the certificate or, at minimum, keep your costs of the application.
Court’s lens (in practice):
• Promptness: Did they move quickly once aware?
• Reason for default: Genuine mishap vs. systemic delay.
• Merits: Is there a realistic dispute on quantum (not bare denials)?
• Prejudice: Would setting aside unfairly prejudice the receiving party?
Your response structure:
1. Timeline: Service date → Day 21 expiry → DCC application/issue date.
2. Strict compliance: Exhibits A–D (service proof, delivery receipt, file note, no PoDs).
3. Prejudice: Cash-flow delay; extra work caused; any prior delays or non-engagement.
4. Fallback: If set aside is granted, ask for conditions: (i) PoDs within 7 days, (ii) costs of the set-aside to receiving party, (iii) payment on account within 14 days.
Practice tip: If the court is minded to set aside, press for unless-style conditions and your costs of the application in any event.
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Subject: Service of N252 and Bill/e-Bill – [Claimant] v [Defendant]
We enclose the N252 and Bill of Costs/e-Bill served pursuant to CPR 47.6.
In accordance with CPR 47.9, Points of Dispute must be served within 21 days of service of this notice.
Absent service of PoDs within that period (or an agreed/court-ordered extension), the receiving party will apply for a Default Costs Certificate for the amount claimed.
For settlement, please propose a payment on account pursuant to CPR 44.2(8) within 14 days.
Yours faithfully,
DMD Costs Ltd
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Application: Default Costs Certificate – CPR 47.9
The receiving party applies for a Default Costs Certificate in the sum of £[amount] on the basis that:
1. Detailed assessment was properly commenced under CPR 47.6 (N252 and Bill/e-Bill served on [date]).
2. The paying party has failed to serve Points of Dispute within 21 days of service as required by CPR 47.9.
3. The receiving party relies on the Certificate of Service dated [date] and the delivery/receipt evidence exhibited.
Order sought:
(a) Default Costs Certificate in the sum of £[amount] (or balance if partial PoDs);
(b) Costs of this application to the receiving party;
(c) Payment on account within 14 days under CPR 44.2(8).
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• “We served PoDs; you missed them.”
→ Exhibit inbox logs, DX/track, and the no-PoDs file note. Ask for the envelope/email headers.
• “We had an extension.”
→ Produce the actual agreement or order. Absent evidence, the 21-day period stands.
• “Quantum is obviously wrong.”
→ The remedy for merits is assessment, not ignoring deadlines. Opponent can apply to set aside—with conditions and your application costs.
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Send one live HDR file. We’ll draft the Bill/e-Bill and negotiate it to settlement at no cost, so you see our full workflow. No contracts, no minimums.
Email: info@dmdcosts.co.uk
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After valid service of N252, the paying party has 21 days to serve Points of Dispute. If they don’t, you can seek a Default Costs Certificate (CPR 47.9).
Yes—unless you agreed an extension or the court ordered one. Without that, proceed for a DCC and let the paying party apply (if they wish) under CPR 47.11.
Your service proof, promptness timeline, and clear prejudice. If set aside is likely, press for strict conditions, PoDs within 7 days, and your application costs.
Yes—request it in the N252 covering letter and in any DCC order, citing CPR 44.2(8).
Yes, but HDR benefits most because it’s outside FRC (hourly recovery), making the DCC a powerful cash-flow lever.