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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have made a injury claim but the defendant has not replied

Resolved Question:

I have made a injury claim but the defendant has not replied to the letter of claim in the given time. my solicitor has told me this is normal and we are best just waiting as the defendant will just need a little more time. Is this right as i have read up about this online and it says the defendant has to reply within the time limit
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Strictly speaking they should have replied within the given time and failure to do so could allow you to try and get judgment in default. By this I mean asking the court to rule automatically in your favour without considering the other side's defence. However, this is not just given without good reason so if the defendant challenges it and shows that they have a reasonable case and that there was a good reason for their delay then the court would allow them to proceed with the defence as it would be in the interest of justice. So not replying in time is a breach but not one which would automatically rule in your favour. There could be various reasons for such a delay and it is good practice to try and establish what has caused the delay before proceeding further.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

hi thanks for your answer

we have had no contact what so ever from the defendant and my solicitor says they only have a address for the defendant so all they can do is write to them. I am concerned as the form was mailed to them over 10 weeks ago now and there is been no contact made. I have left my solicitor to deal with this up to this point but when i asked questions the other day she was very vague and would advise me of the next step just that she planned to wait and see. what would your strategy be here?

Expert:  Ben Jones replied 2 years ago.
well it depends on whether they have received the letter - you may have an address for them but do you know if they are actually at that address and receiving their mail. There is nothing stopping you fro trying to get judgment in default now by writing to the court and applying for it stating that no response has been received. If you want this the solicitor will do it for you - they act on your instructions so even though they can advise you on what you should do, you make the final decision. So if you have contacted the defendant apart from sending the claim and they have not responded I would think about trying to get the judgment in default, otherwise you may wish to try and contact them again just to give them a final warning so to speak
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