starting small claim against ex landlord - **WON in Court**

[ericsbrother]

apply for a default judgement now.

[mozas]

I called the court today and the defense has not filed a defense and dead line is today!

When I asked how to get a judgement by default form, she said that I might need to ask in writing?? I asked her about a form? she said my claim is under part 8, as it's a money plus return of goods so I even might not be able to apply for a judgement by default!!

Does anyone know anything about that?

She said I might need to ask the judge next week, as the hearing is next week. Also she said that she is not qualified to give legal advise and I should get a lawyer's advise! I do not wish to do that as they will give advise only if they will look after the case and take 40% of whatever I get!!

Anyone?

 

Thanks

[SabreSheep]

What happens if the defendant ignores all correspondence from the Court?

If the defendant does not reply to your Claim within 14 Days, you can ask the Court for a 'Judgment by Default'. A Judgment by default is a judgment against the defendant, when the defendant fails to defend the Claim. Therefore you win the case by default.

If you started your Claim online you can request a Judgment by default via the MCOL website. If you made your claim on paper, you will need to complete the bottom half of your Notice of Issue form that the court sent you when you made your claim. HM Courts leaflet EX304 explains the situation pretty well:

[SabreSheep]

be aware that the deadline is for the court to receive the paperwork, not to process it by.

 

There is every chance their defence has arrived at the court but not yet been processed

[mozas]

just checked my notice of issue there is nothing to fill out as it's under part 8 the claim

[mozas]

The secretary checked on computer and in today's post!

[mozas]

Does anyone know why a part 8 claim can't get a judgement by default, and what can be done instead?

 

thanks

[mozas]

Is the judge going to decide for the amount to be returned at the hearing or do I need to apply for an assessment of damages?

 

Thanks

[slick132]

Seeking Site Team input for you on this ...............

 

[citizenB]

mozas, below is a response made by Bankfodder for another thread - I thought it might be relevant here. Why did you issue a part 8 claim rather than a part 7 - are you wanting a court order, or should it have been a money claim only ?

 

 

A small claim is generally speaking a simple claim for a money amount.

 

This is generally speaking a fixed sum but on occasion you can suggest a maximum amount and leave it to the discretion of the court to decide what the level of damages would be subject to the maximum that you have identified on your claim.

 

This is called a Part 7 claim.

 

Where you are not claiming just a fixed amount that you are asking for some kind a court order, then you are dealing with a Part 8 claim.

 

The "parts" referred to parts of the CPR – the civil procedure rules which you can find on the County Court's website.

 

Generally speaking it is more expensive to bring a part 8 claim and although there can be a default judgement on a part 8, there would still have to be a hearing to decide on the order to be made.

 

It seems to me that you have made a part eight claim using part seven formalities.

[mozas]

well I am doing it all on my own, without any sort of legal help and just trying to get information from internet and what I was told in the county court.

 

Originally I wanted to make a money claim only but when I phoned the help line they said it would not be accepted as I was seeking return of belongings that are bieng kept or the actual value of them plus compensation for not protection an extra £100 given towards my deposit. So after seeking help to the county court I was told I should apply for a claim under part 8 as it is an unspecified amount.

 

Now a hearing date was decided straight away by the court that is on the 13th of this month

I am just trying to find out what needs to be done step by step.

 

As the hearing is next week, I going to go along with it and ask the judge for him to specify an amount and judgement by default as the defense is failing to respect dead lines. I don't even know if I am allowed to ask him like that or if it needs to be done via a form as part 8 doesn't allow judgement by default amount as the be specified first. I am trying my best without any legal help.

 

Then I will apply a warrant of control if judgement is done and in my favor which should as no defense!!

 

Any thoughts?

Edited May 10, 2015 by honeybee13
Paras

[citizenB]

Ah right, so you are looking for a court order as well (return of your belongings)

 

In which case, I apologise.. slick has left a message for others with more legal knowledge to look in on you and I am sure they will do as soon as possible.

[mozas]

thanks

[citizenB]

CPR 8 .1 (5) Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08

 

Here you go

[letsmakeamark]

If you are making a claim for posessions then you need to get proof of value for them. This also needs to be provided to all parties.

[steampowered]

What, exactly, have you received from the court? Has the court told you that this is now being treated as a Part 8 claim?

 

If this is truly being treated as a Part 8 claim, there is no requirement for a Defence to be served. That is why there is no default judgment concept. I'm not entirely convinced Part 8 is appropriate though ...

[mozas]

Thanks citizen B, I had read that and didn't understand why I couldn't apply for judgement by default!

 

Thanks letsmakeamark, as I am dealing with return of goods or the value, return of some deposit money and compensation for failing to protect extra money given as a deposit, the situation is different than a regular claim for possession. I am going to let the judge decide on Wednesday and if i get the order in my favor, I am going for bailiffs after. Need to teach a lesson to that awful LL, who is just too greedy and wants to keep everything!

[letsmakeamark]

If your amount is ove £601.00 then you can use high court bailiffs to deal with this.

[mozas]

ok so here is what happened:

 

Went to court this morning, the defendants were present and did not file any kind of defense or statements to argue the claim!!

They can unprepared and pretending to not understand what was happening.

The judge had read the 2 claimants statements and the witness statement we have provided and all the particular of claims provided, so she had a good view of what happened well my version.

 

It went very well and in our favor, she straight away advised the defendants whether to come to an agreement between us or to prepare themselves properly and be asked to come again in a few months. The ex LL played his favorite card saying that it was all a waste of time and that he was too busy to have to deal with this, that did not go well with the judge and she said well obviously there is a reason with you are now in front of me!!

 

Anyway, I had requested the belongings back of a value:-Dof £1700, I got £875 instead for the belongings, and I requested £625 back out of £825 of deposit money, instead I got £725 back so all together I got back £1600 instead of £2300 so not back I would say as the judge told me to bare in mind that the value of the belongings would be considered as second hand value from a bailiff.

 

Anyway, once received the court order I can claim then my deposit money from DPS and the LL will have 14 days to pay the rest, he already informed the judge he will be paying in total in 1 payment.

 

The LL didn't even argue to not give me anything back like he argued before I took him to court, he straight away went into negotiation mode!!

 

I would say it is really worth spending the time to take a dishonest person to court as long as you don't lie and you have a strong case and show that you are genuine in every statements!!

 

Thanks all for your precious help!:-D:-D

Edited May 14, 2015 by citizenB
formatting

[letsmakeamark]

Well done. It isnt as bad as it sounds. Once you get your order through send in high court enforcement officers and let them collect the money from the ll.

[slick132]

Well done on this great result Mozas.

 

Thread title amended to reflect your **WIN**

 

[steampowered]

Well done!

[citizenB]

Well done, I am really pleased for you.