MCOL two defendants

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    MCOL two defendants

    Mr and Mrs T split up and left the bungalow in a 'minging' state. I have written to both of them giving them 14 days, then 7 days, with the bill for the cleaning up. I am now going to do a MCOL. They have 2 different addresses now and i have both addresses.

    On the MCOL form there is only room for one address.

    Mrs T is unemployed with children and relies totally on benefits.
    Mr T has had some employment but, I believe, lives with his new GF.

    How do I go about processing MCOL? Do I have to do two separate claims? If so, how do I divide it? Or will a judge divide it?

    I have a deposit in Mr T's name and have claimed it but Mr T is not responding.

    I always pursue debt even for the unemployed. They can have ccjs and I hope it makes their lives difficult forever!

    Any ideas?

    #2
    Good on 'yer for pursuing the crooks 'n cheats
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      I've found the answer. You can't do a MCOL for two people at different addresses. You have to contact CCMC, Salford Business Centre, PO Box 527, Salford, M5 0BY.

      Here's a useful link : http://www.justice.gov.uk/courts/pro...action_conduct

      Comment


        #4
        I was wrong! You CAN make an online MCOL for two defendants. I've just done it. Under where you put the info for the 1st defendant there's a button to click to add a 2nd defendant.

        You can't do more than 2 - you'd have to go to Salford for that.

        Comment


          #5
          I hope you get a result - so much legislation forcing LLs to provide decent accommodation (which we should) and nothing penalising tenants when they trash our properties.

          Personally, I think unpaid rent should be treated as theft - taking something without paying from anyone other than a LL is treated as a crime so why not rent arrears ?

          Comment


            #6
            Because our legal system differentiates theft and debt.
            Not paying something that you've agreed to pay isn't the same as taking something from someone.
            And because rent is usually payable in advance, a tenant is only able to remain without paying because the legal remedy takes so long.

            If rent was payable in arrears and the tenant did a runner without paying the last month's rent, I think there's possibly a case for the tenant "making off without payment." (Theft Act 1978).
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              Not paying something that you've agreed to pay isn't the same as taking something from someone.
              Yes, but there is not much else where a supplier is legally required to continue to supply when payment is not forthcoming, and probably nothing where the value is hundreds or thousands of pounds per month.

              Comment


                #8
                Originally posted by MdeB View Post
                Yes, but there is not much else where a supplier is legally required to continue to supply when payment is not forthcoming, and probably nothing where the value is hundreds or thousands of pounds per month.
                And to compensate, the legal system allows you to make the debtor homeless and still owe the debt.

                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  This isn't for rent arrears it's for leaving the property in a right minging state

                  The small amount of rent arrears are something I'm dealing with in a separate issue.

                  Comment


                    #10
                    Originally posted by jpkeates View Post
                    And to compensate, the legal system allows you to make the debtor homeless and still owe the debt.
                    It is not much of a compensation that the T is homeless and owes me £10K that I will never get back.

                    I would much rather the T were made homeless and only owed me £2K that I will never get back. But that is still not compensation to me.

                    Comment

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