time scales for default judgements in county courts

[Guest]

Hi Can anyone help please.? I have a case that has gone to my local county court for a default judgement. Has anyone any idea of the length of time it will take to go in front of the judge for a decision.?? many thanks. james

[Amethyst]

If it's a default judgment it wouldn't go to the judge as it's a procedural thing and the claim doesn't get looked at. If the claim was issued via moneyclaim online it should show you quite quickly the status of the claim. If on paper then it's just when the court catches up and sends the order out so could be a couple of weeks.

Default judgment can be requested if the defendant doesn't respond to the claim to acknowledge receipt within 14 days from service. There is a few days allowed for service.

Whats the situation?

[jimmy64]

If it's a default judgment it wouldn't go to the judge as it's a procedural thing and the claim doesn't get looked at. If the claim was issued via moneyclaim online it should show you quite quickly the status of the claim. If on paper then it's just when the court catches up and sends the order out so could be a couple of weeks.

Default judgment can be requested if the defendant doesn't respond to the claim to acknowledge receipt within 14 days from service. There is a few days allowed for service.

Whats the situation?

I put in a claim for between 25 and 50 grand to be determined by the court. they did not acknowledge the claim or contest it in any way. I sent in the form for a default notice and this was sent to the defendant. Since then salford told me that the case has now been sent to county court for the court to decide the amount between 25 and 50 grand. This was received at the county court on the 15th of last month so basically its been there a month already. Thanks for your help.

[jimmy64]

I put in a claim for between 25 and 50 grand to be determined by the court. they did not acknowledge the claim or contest it in any way. I sent in the form for a default notice and this was sent to the defendant. Since then salford told me that the case has now been sent to county court for the court to decide the amount between 25 and 50 grand. This was received at the county court on the 15th of last month so basically its been there a month already. Thanks for your help.

Is everything done quicker if there is no trial and its a default judgement.??

[Amethyst]

Ahh okay... you filed the N227 with the court presumably then ... so the Judge will need to look at the case to allocate it to track, decide how much the judgment should be etc - they may order a hearing or issue further directions for evidence / documents to help them decide what the final amount should be. Normally once a case is sent over to the local court for directions ( which is in essence what this is ) it's normally 4-6 weeks but depends hugely how busy the court is. But yes it'll be quicker than going through the full fast/multitrack court defence/disclosure/hearing process.

Have you heard absolutely nothing from the defendant since issuing the claim?
Is it against a company ? Service address 100% correct? etc.

[jimmy64]

Ahh okay... you filed the N227 with the court presumably then ... so the Judge will need to look at the case to allocate it to track, decide how much the judgment should be etc - they may order a hearing or issue further directions for evidence / documents to help them decide what the final amount should be. Normally once a case is sent over to the local court for directions ( which is in essence what this is ) it's normally 4-6 weeks but depends hugely how busy the court is. But yes it'll be quicker than going through the full fast/multitrack court defence/disclosure/hearing process.

Have you heard absolutely nothing from the defendant since issuing the claim?
Is it against a company ? Service address 100% correct? etc.

No response at all..L&Q Housing..even after they failed to acknowledge the claim or contest it I personally emailed the ceo and told him if he made no effort at all to try to resolve the situation i would make things public. but he just gave it all the speel about I,m so sorry and I will personally sort the problem out. assured me it was being dealt with by his solicitors and since then They have blanked me yet again...They fit me up with a leccy bill for 9500 quid that was their responsibility.and stressed me out to the point were I suffered heart attack, then my mental health got effected and now the doctors have said i,m now paranoid and deluded all brought on by L&Q. Got all proof from med reports and also housing ombudsman found my case proven but I refused to accept the amount of comp offered by the ombudsman.. that,s why I have taken it to civil court. and now they just carry on blanking me. thanks for your help.
So is it possible that the court could award compensation when it goes before them shortly or will I be waiting months.?? Thanks again for your help

[jimmy64]

No response at all..L&Q Housing..even after they failed to acknowledge the claim or contest it I personally emailed the ceo and told him if he made no effort at all to try to resolve the situation i would make things public. but he just gave it all the speel about I,m so sorry and I will personally sort the problem out. assured me it was being dealt with by his solicitors and since then They have blanked me yet again...They fit me up with a leccy bill for 9500 quid that was their responsibility.and stressed me out to the point were I suffered heart attack, then my mental health got effected and now the doctors have said i,m now paranoid and deluded all brought on by L&Q. Got all proof from med reports and also housing ombudsman found my case proven but I refused to accept the amount of comp offered by the ombudsman.. that,s why I have taken it to civil court. and now they just carry on blanking me. thanks for your help.
So is it possible that the court could award compensation when it goes before them shortly or will I be waiting months.?? Thanks again for your help

What I mean is that if the court has enough evidence before them at the directions is it possible they can make an award straight away.? thanks

[Amethyst]

Can I ask how much the Housing Ombudsman deemed appropriate compensation? I suspect quite low as they don't look at the health issues so it is likely it was the correct thing for you to take it to court.

We only order compensation when we have found that there has been maladministration. The amount depends on the circumstances of the case and is usually for time and trouble bringing a complaint, or for distress and inconvenience experienced by the complainant. We do not order compensation for impact on health/medical issues.

However if L&Q engaged with the HO process up to you turning down the resolution offer it seems odd, particularly if L&Q's solicitors are involved, that no response at all has been made to the proceedings. However if the Trust ( is it the Trust ?) pick it up they could apply to set-aside any judgment awarded / strike the claim etc so it could go on beyond receiving the judgment. Did you have support/help issuing the claim / writing the particulars etc ?

- Procedurally yes the Judge could just make a decision and issue judgment for an amount, but tbh depending how complex the case is and if you raised Human Rights Act issues, it is likely there will be further directions first.

[jimmy64]

Can I ask how much the Housing Ombudsman deemed appropriate compensation? I suspect quite low as they don't look at the health issues so it is likely it was the correct thing for you to take it to court.
However if L&Q engaged with the HO process up to you turning down the resolution offer it seems odd, particularly if L&Q's solicitors are involved, that no response at all has been made to the proceedings. However if the Trust ( is it the Trust ?) pick it up they could apply to set-aside any judgment awarded / strike the claim etc so it could go on beyond receiving the judgment. Did you have support/help issuing the claim / writing the particulars etc ?

- Procedurally yes the Judge could just make a decision and issue judgment for an amount, but tbh depending how complex the case is and if you raised Human Rights Act issues, it is likely there will be further directions first.

the housing ombudsman ordered them to pay 3 lots of damages. because they were found to be guilty on 3 different counts. the compensation altogether was only for 870 quid and did not include damages for deterioration in my health and mental health. When I emailed L&Q to inform them that I did not accept the ombudsmans award of comp and I would be taking things further to civil court. She emailed me back saying to do so at my own cost..tried to intimidate me..so I included her email in my evidence.I have included 3 different medical reports all saying that I now have severe mental health problems and am now in receipt of severe disability benefits because of it.. when I put the claim in they just ignored it and now a default judgement got sent to the court on the 15th last month.
I am defending myself basically because L&Q have accepted responsibility by sending me the check for 870 which I did not cash. and also because I do not have to pay court fees because of my severe disability benefits that I now get. Also I kept every email I sent to L&Q and their responses.. They even went as far as too fabricate evidence in their own complaints procedure to support their lies and they got caught out.
I did not raise any human rights issues. just breach of contract that lead to heart attack and breakdown in mental health and a few other things. Thanks again for your help