No defence to CPR part 8 claim

[alexwire]

I started CPR part 8 claim against landlord for not protecting tenancy deposit. Landlord filed acknowledgement of service late after passing 14 days and now 28 days have passed and defendant not filed any defence.

I called court to get an update and court officer told me that I can send a request for judgment as defendant not filed any defence.

I think default judgments don't work in part 8 claims. Is this true ? Does court would arrange a hearing and I have to go for hearing even no defence or I would get a judgment without hearing?

Thanks for your help.

[R0b]

You are correct that default judgment does not apply to Part 8 claims. Court staff are not legally trained and therefore you should always consult the Civil Procedures Rules as a starting point (or if you are really lost try Google).

CPR 8.1(5) says:

"Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12."

Regarding your point that no defence has been filed or received, I would refer you to CPR 8.9 (Modifications to the general rules):

(a) provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore –

(i) Part 16 (statements of case) does not apply;

(ii) Part 15 (defence and reply) does not apply;

(iii) any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply;

(iv) the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply;

So there's your answer but I would point out that the landlord must file (with the court) and serve (on you) any evidence which he relies on (see CPR provisions below).

CPR 8.5
(1) The claimant must file any written evidence on which he intends to rely when he files his claim form.

(2) The claimant's evidence must be served on the defendant with the claim form.

(3) A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service.

(4) If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.

(5) The claimant may, within 14 days of service of the defendant’s evidence on him, file further written evidence in reply.

(6) If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties.

CPR 8.3
(1) The defendant must –

(a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and

[alexwire]

Does court hearing is a must in this case even defendant not filed any defence and not served anything on claimant? Do I have to turn up for hearing? Does part 8 claim have mediation?

[R0b]

Generally, yes a hearing will take place unless the court decides of its own initiative that a hearing is not necessary and/or if both sides agree that the claim should be decided on the papers. If you are talking about something similar to the small claims mediation service then no, your mediation will be up to you to negotiate with the landlord whether through a formal mediation process or settlements talks with the landlord.

Based on the questions you're asking I get the feeling you might be getting cold feet about all of this? Or maybe I'm wrong.

[alexwire]

I am little bit nervous due to uncertainty , landlord also not returned my deposit and court has discretionary power to order to return the deposit if I win and I am not sure what I should do.

Either I wait to court make decision in part 8 claim including return of my deposit or I start a new claim or I submit my claim direct to the same county court who is dealing with part 8 claim so both claims would be dealt same time?

What is the right option?

[R0b]

Issuing a second claim is likely to amount to an abuse of process when you have already commenced proceedings for the same matter. I would caution against it but it's your claim and entirely up to you.

Since you've issued a Part 8 claim you now need to go through the process of waiting for the court to progress your claim. You would be wise to contact the court and confirm whether the defendant has filed any evidence in relation to the Part 8 claim. Make a note of who you had spoken to and the time of call and if its possible, to update the court file to say that you've called to confirm if evidence has been filed.

You can then use that if the landlord chooses to rock up on the day with whatever evidence he has to say that the deposit shouldn't be returned. No evidence files should mean easy win since there's nothing to argue.

[alexwire]

Today I called the court and found out that defendant did submit evidence with acknowledgement of service but he not served evidence on claimant which he must have done according to CPR 8.5. I requested court to send me a copy of evidence.

[alexwire]

Hi, Defendant submitted acknowledgment of service and evidence late and also not served AoS and evidence on claimant. I have written to the court to provide me evidnece and also not filed defence within 28 days. Can I use all these out of time fillings in my favour in the court?