Particular of claims

[sparky74]

Any advice would be great,

I submitted a case with the courts and made a mistake by not submitting particular of claim separatetly.I then went to a hearing as the defendant asked for the case to be struck out. The defendant didnt turn up which was great as the judge gave me another chance. I submitted particular of claims and the defendant replied to me and the court. The court then sent a further letter asking for "Further Particular of Claims" i followed the instruction clearly this time, on the order it clearly states that the defendant must send in defence and why they are disputing claim etc, however with the date being the 05/12/14 that the defendant must do this i have not recieved anything as of yet. Does this mean if the defendant doesnt follow court procedure i can request judgement and win the case by default?????

[FlamingParrot]

Re: Particular of claims

I submitted a case with the courts and made a mistake by not submitting particular of claim separatetly.I then went to a hearing as the defendant asked for the case to be struck out. The defendant didnt turn up which was great as the judge gave me another chance. I submitted particular of claims and the defendant replied to me and the court. The court then sent a further letter asking for "Further Particular of Claims" i followed the instruction clearly this time, on the order it clearly states that the defendant must send in defence and why they are disputing claim etc, however with the date being the 05/12/14 that the defendant must do this i have not recieved anything as of yet. Does this mean if the defendant doesnt follow court procedure i can request judgement and win the case by default?????

In a word, yes, when a defendant fails to file a defence the claimant can request default judgment. As it is now 08/12/2014, if the deadline was 3 days ago you should be able to do so now. :thumb: