Money Claim Online

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    Money Claim Online

    Has anyone used this Money Claim Online to make a claim of a freeholder to carry out some maintenance? The form looks impressive and could save on legal fees if it works. Any input appreciated. Thanks

    #2
    I have used it to get money back, you still end up in a real court if they drag it out.

    Not sure if you can use it to compel someone to do something, the fees are based on the amount claimed.

    Comment


      #3
      What exactly are you suggesting here?

      If you are a leaseholder wanting to somehow use 'money claim online' to get a freeholder to carry out maintenance work, I don't see how that can be made into a money claim.
      The closest you might get to a money claim is if you pay to get work that the freeholder should be arranging, but isn't doing, done and then try to claim the money back - and the correct forum for a claim of that type would be a First Tier Tribunal (Property Chamber).

      If you are a freeholder who wants to get money owed by leaseholders, you can try to do this with a 'money claim online', but again it would generally be most appropriate for the case to be heard by a FTT.

      Comment


        #4
        I did something a bit like this, out of necessity. I arranged and paid for works to fix a leaking roof, then followed the MCOL process when the freeholder didn't pay the invoice for his share. It was drawn out and took a long time, but I did eventually get my money.

        However, there was a year of building up to the MCOL - lots of official notices of disrepair, quotes given, timescales set and requests for action.

        It's not an easy option I'm afraid, bit not much is when the freeholder won't meet their obligations.

        Unfortunately it's still causing issues now as the buildings insurance is affected by him having a CCJ...

        Comment


          #5
          Thanks everyone. . It seems the MCOL process can work to make the freeholder pay for not carrying out work but as you say Bethy it can be a long process. But worth it if it's a large sum. I insure myself so it would not effect my insurance. Thanks for the info!

          Comment


            #6
            MCOL is just the term for the County Court process started online*, there is nothing magic about it or fee free, but as it would most likley follow the small claims process, the fees/legal costs would be limited.

            "Forcing" a FH to perform works though is complicated, far easier is to sue for damage due to his neglect, and hope the result of this kicks him up the backside and in future he performs his obligations, this is what I did with partial success, I got a minimal amount of damages but the disrepair still remains BUT what i have got is a clear court judgment that he is in breach of the lease and some strong words from the judge.

            *Be aware its only the first few steps that are online, it soon resorts to mail/fax/email between the parties/solicitors.
            Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

            I do not accept any liability to you in relation to the advice given.

            It is always recommended you seek further advice from a solicitor or legal expert.

            Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

            Comment


              #7
              Having a Court Judgement proving the FH has breached the lease is great but can that potentially put buyers off? It might well put me off buying a property knowing the FH is negligent. Seems everything a leaseholder does to try and remedy a problem then has a 'black mark' against them when trying to sell in the future. The FH really has so much power. The system stinks.

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