MCOL & PCOL

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    #16
    More troubles!

    Although I requested a judgement for my money claim , a defence was filed a day later and was accepted and the judgement I requested was denied!!! . What happens now? - Do I have to go to court now to explain my case. The reasons the defendants use is covid 19, and that's why they owe the money to me!!! I feel that they are accepting the money owed, but saying that they have a valid reason not to pay me???? does this constitute as valid defence.

    Comment


      #17
      It sounds like a reason to pay more slowly not a defence.

      Comment


        #18
        Originally posted by OS7 View Post
        More troubles!Although I requested a judgement for my money claim , a defence was filed a day later and was accepted and the judgement I requested was denied!!!.
        When you claim someone owes you money and a defence is filed, pretty much regardless of what it is, there would normally be no default judgement and a hearing.
        That's just how the process is meant to work,

        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


          #19
          could you explain no default judgment? i am afraid i do not understand. So I present my case in a hearing with all the evidence, and if the judge agrees with all which is submitted, then judgement is given? do I need a solicitor for this?

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            #20
            You've made a claim against someone that they owe you money and have asked that the court finds that your case is correct and to order the person you are making a claim against to pay you.

            If the court writes to the defendant and they don't respond, the court will simply accept your word and make an order by default.

            If the defendant offers a defence, the court has to listen to what they have to say, compare it with what you are claiming and make a judgement based on the facts and the law.
            You can't expect a court simply to accept what you are claiming if someone else is claiming that it's not correct.

            With a small claim like this, the chances are that the existence of any defence at all will trigger a hearing and that no one will actually look at the case again until the day of the hearing.
            The hearing is fairly informal, and, if it is a small claims case, I'm not sure you can involve a solicitor even if you want to.
            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


              #21
              Thanks jpkeats, sounds sensible to me. I have called the MCOL today to enquire on the next course of actions. I think they said it will move to court mediation service and then hearing. Well, it is for rent arrears, interest on arrears , possession order court fees and plus the money claim fees. I have all evidence, I guess I just have to be patient and go through this process with a clear head. Good start to 2021.....

              Comment


                #22
                Hi everyone,

                My MCOL has moved to mediation service and i have completed the questionnaire from court to allocate mediation. As long my tenants feel the same way, mediation will go ahead. My query is, what can i expect in this mediation service. I am worried this may be just an non- event just like the court review for my possession claim. No called me on that on court review date and the claim went to court. Has anyone been in mediation for small claims. Thanks

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                  #23
                  My tenant asked for mediation then changed his mind. I asked the court what this would involve and what you do is try and come to some agreement or compromise. The tenant might agree to pay an amount each month, or might ask you to lower the amount, or whatever. I was prepared to stick to my guns and not lower the amount, should they have asked, but would have accepted repayments within a reasonable amount.

                  I think it might work in some cases, but by the time you've got your paperwork together, and issued the MCOL, the T has responded (they could have said they'd offer £x pcm, for example), and with the slowness of the process you've had a long time to think about repayment options, there's not a lot of point in mediation.

                  Comment


                    #24
                    Hi, thank you for your reply. when you say your tenant changed his mind; what happened after - did you make your way to court?

                    I have issued the MCOL on the basis that my tenant said he is not going to pay me anymore, and I am hoping that MCOL would persuade him to pay or the very least register a CCJ on him. I am prepared take monthly installments; however what happens if they go back on their words after mediation - would I be still be able to take him to court with same claim.

                    Comment


                      #25
                      The judge will always look favourably on a claimant who has agreed to mediation.
                      If the tenant agrees something in mediation and goes back on it, it's a lot easier to win the next claim (as the outcome of the mediation is binding).
                      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


                        #26
                        thanks Jkpeats, this brings a little hope in me. However do I have to issue new MCOL following breach of mediation agreement?

                        Comment


                          #27
                          I don't know, I'd guess it depends on the time scale.
                          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


                            #28
                            Everyday there is a new problem! apart from the current MCOL that I am trying to initiate (as above) I also have successful CCJ registered under the tenants name for the first 3 months rent to be paid by judgement date 01/07/2020. The claimant was me and not letting agency. I initially did this as I thought tenants were going to move on in March 2020 as they showed evidence of house allocated by the council in Feb. However they didn't move, they turned the council house down as the covid situation was favorable to them to stay put after 16/03. so here we are! what happened after that was tenant suddenly nearing the possession hearing in Nov 2020, decides to pay some of the arrears which also covered the first 3 months rent in the CCJ (there is still a huge chuck of arrears left which I am trying to claim via the new MCOL). They paid it to letting agency and then it was passed to me (after all default fees and charges were deducted)

                            So now he is asking me for a letter to say he is satisfied the CCJ - well he sent this request via my letting agent and also asking for a up to date rental statement. he also said in his email that he knows that there is a eviction pause and he also added some notes on his health and his wife's health which is declining. Now the question is, do I have to provide this letter or can he prove himself with the rental statements. If he can prove it with the rental statements from the letting agency, so be it . However he paid it later than judgement date which is 01/07/2020 and rental statement does show the existing arrears as well- so will this satisfy the CCJ and he can access credit again. I am reluctant to provide a letter, however I don't want to do anything unlawful as well. any ideas on how to deal with this?

                            Comment


                              #29
                              Are you required to provide him a letter, so he can get credit?

                              Frankly, I think you are too gullible to be a landlord, and should sell up when this guy finally moves out.

                              Comment


                                #30
                                What health issues is he claiming?
                                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

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