CPR part 8 claim and defendant not filed defence

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    CPR part 8 claim and defendant not filed defence

    I started part 8 claim in England against landlord as he failed to protect my deposit. Landlord filed acknowledgement of service late after passing 14 days and 28 days have passed and he has not filed any defence.

    I called court to get an update and I was told that no defence is filed and I can send a request for judgment.

    What should I do? default judgment not applied to part 8 claims. Should I send a letter to request a judgment or wait for court orders?


    #2
    Whoever told you to send a request for judgment is wrong.

    There's nothing you can do but wait for the hearing and turn up to it.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Court officer who picked phone and provided update told me to send a request for judgment. Defendant also has to serve documents if he has any and statement on defendant but I not received anything.

      Why court wants to do claimant only hearing when claimant would say whatever already written in claim?

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        #4
        Court staff can't give legal advice, so I don't know why they told you what they did.

        The defendant can attend the hearing, and can take part with the permission of the court, which if they turn up and don't piss the court off would probably be granted, so don't bet on a claimant only hearing.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Hi KTC , does it means hearing only take place if defendant turn up ?

          Do courts in England have phone or video hearings ?

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            #6
            No, the hearing will take place with or without them. My point was that as you are aware, you can't get a default judgment for a claim under Part 8, so you must have a hearing. Whether the defendant (if they turn up) can take part or just listen will be up to the court.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment

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