No defence to Part 8 claim

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  • JustThink
    started a topic No defence to Part 8 claim

    No defence to Part 8 claim

    I started part 8 claim for breach of deposit protection law and 14 days have passed and LL not filed any defence. Court have asked me to confirm that I also not received any response from LL which I am going to do next week.

    I sorted out remedies to return my deposit and 3 times penalty in my claim. What would happen now? do I get full remedies claimed or not and do I have to go to hearing or I would get a judgement without hearing?

  • JustThink
    replied
    Do all joint tenants have to attend hearing or one can attend for all ? can one tenant authorise other if he confirms in writing and would court accept that?

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  • KTC
    replied
    There will still have to be a hearing. Default judgment may not be obtained for a claim under the Part 8 procedure. In theory, if the defendant failed to file an acknowledgment of service, they "may attend the hearing of the claim but may not take part in the hearing unless the court gives permission". Don't be surprised if they do turn up at the hearing and the judge does give permission for them to take part though.

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