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Amended claim - no reply from defendants

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  • Amended claim - no reply from defendants

    Hi I filed an amended POC with the court and have had no response from the defendent and am wondering what I can do next? On the courts order it stated that:
    The defendant does by 4pm 23rd November 2012 either: (i) Issue an application to strike out and/or seek summary judgement against Claimant or (ii) file and serve an amended Defence and issue an application for a CMC.

    1.
    Since they have not responded does this mean that there original defence would be used?

    2. Does this mean I can file an application for summary judgement on the basis that defendant has no real prospect of successfully defending the claim?

    3. Or could judgment by default apply as I have pretty much re-written my particulars of claim and they have not replied?

    Any other ideas would be greatly appreciated. Thanks
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  • #2
    Re: Amended claim - no reply from defendants

    Well if they do not respond then you get a default judgement against them, but bear in mind the court may have received the amended defence and their may be a delay in your receiving a copy, so call the court and ask if they have before deciding what your next step will be!
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