MCOL & PCOL

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    #61
    Hi all,

    Update and after some informal advice. Didn’t want to start a new thread when the old was still existing…

    The MCOL that I initiated early in Jan 2021, went for mediation. The tenants agreed for repayment plan. In July 2021, they were evicted from my property. They stopped paying and breached the mediation agreement in June 2021 ( a month before they were evicted) . I informed courts of breach and requested judgement towards end of June 2021. In July, just before the Ts were evicted, they went into breathing space which ended end of August.I received judgement letter in Sept. I applied for a writ a few days ago and yesterday I received court papers to say the ex Ts are applying to set aside judgment, and there may be a hearing.

    Again, I feel a bit over whelmed, knowing that court can set aside the judgement. Ts already defended the claim, and it went to mediation. They breached the mediation and I requested judgement. Can the court set aside judgement now.

    However things are good on PCOL side. I received my property back in July, and we just completed the sale yesterday and paid our dreaded mortgage off





    Comment


      #62
      Originally posted by OS7 View Post
      Again, I feel a bit over whelmed, knowing that court can set aside the judgement. Ts already defended the claim, and it went to mediation. They breached the mediation and I requested judgement. Can the court set aside judgement now.
      In theory, yes.
      But there would have to be a reason - applying to have the judgement set aside is simple enough, you fill out a form and pay a smallish fee.
      And, if you’re tenant in this case, there’s almost no reason not to, you might just give up (or have moved or become ill or died.)
      There’s not really too much of a downside to trying it.

      But there would need to be a good reason to set the judgement aside, and that’s much more difficult for them.

      This is the MCOL equivalent of a tenant asking for a possession warrant to be postponed.
      .It’s usually a Hail Mary “try anything”.
      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


        #63
        jpkeates,

        thanks , as usual a good pragmatic advice. However the reasons the Ts have sighted ( 3 pages long), the gist is that they will only pay when they have moved into permanent home and therefore CCJ should be set aside. Is that a good enough reason. Ta.

        Comment


          #64
          It's hard to know how to be most helpful.
          Courts can be really unpredictable and I haven't any personal experience of this specific situation.

          But, no, what you've stated there is not grounds to set a judgement aside.
          It's meant to be an error in process (not knowing about the case, or they're named wrong and didn't think the court papers applied to them, for example).
          Not being able to pay or attaching new conditions to the agreed payment plan are just a bit random.
          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


            #65
            These are the rules re set aside. Read through them thoroughly. They will help you prepare your response.

            With respect to the above, there does not have to be an error in process, just a reasonable prospect of successfully defending the claim, and imo you should concentrate on that. I.e. even if the tenants had defended the action there is no real prospect of success because the fact is they owe the money, which they don't appear to have denied.

            https://www.justice.gov.uk/courts/pr...l/rules/part13

            Comment


              #66
              Originally posted by Jon66 View Post
              With respect to the above, there does not have to be an error in process, just a reasonable prospect of successfully defending the claim, and imo you should concentrate on that. I.e. even if the tenants had defended the action there is no real prospect of success because the fact is they owe the money, which they don't appear to have denied.
              There was nothing about a default in the post I was responding to.
              The post said that there had been a hearing, so if there was a default, it would have to be some kind of procedural issue.
              If you don't turn up to defend a claim, there has to have been some kind of error in notification relating to the hearing.


              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


                #67
                Hi, Jon66

                I will have good read of the link

                The claim never went to a hearing in the past. When it was defended the last time, it went to mediation. When mediation agreement was breached, I applied for judgement and it was given. Is this a default judgement.
                The defendant has applied now to set aside the judgement.

                Hearing date is not given yet.

                Comment


                  #68
                  OK, if it was a default judgement, which it sounds like, their best option would be to claim they didn't know about the hearing.
                  But the best that achieves is to re-open the claim, which doesn't achieve much except to increase the tenant's costs.
                  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


                    #69
                    Hi jpkeates,

                    i think you have misunderstood. let me clarify.

                    The claim was issued in Jan 2021, and was defended by the tenants. however, they agreed for a mediation. There was no hearing at this stage and they did turn up for mediation which happened via the telephone. mediation agreement was breached in June 2021 and I applied for judgement in my favour citing that the agreement was breached. Tenants then proceeded to enter breathing space and came off it end of august 2021. During this time, court put a stay on the claim. The stay was removed end of august and I received judgement in my favour in Sept 2021 and applied for a writ. (i am unsure of the progress of this writ application) The tenants then proceeded to apply to set aside the judgement and i am informed by court of this. In essence, they have called for hearing to set aside the CCJ. There is no date given for the hearing as yet.

                    Certainly, it does sound like a default judgement, however the Ts were given a chance to mediate before the judgement was given. my query is can they say they didn't know about my application for a judgement in my favour in June 2021 and therefore couldn't defend it. The court did send documentation and Ts did collect all of their post from my agent soon after they moved out from my property (the address i used when i applied for the judgement in favour and they were still living at my property towards end of June)

                    Comment


                      #70
                      The point is that if there is no reasonable prospect of successfully defending the money claim there is absolutely no point in awarding a set aside because the outcome would be the same and all it does is use valuable resources. Concentrate on what is required for a successful set aside in the cpr and focus on those points during the hearing.

                      Comment


                        #71
                        Originally posted by Jon66 View Post
                        The point is that if there is no reasonable prospect of successfully defending the money claim there is absolutely no point in awarding a set aside because the outcome would be the same and all it does is use valuable resources. Concentrate on what is required for a successful set aside in the cpr and focus on those points during the hearing.
                        Yes Jon66.

                        A CCJ can be successfully set aside for 3 reasons broadly (as far as i understood the guidance)

                        1. Money is not owed at all
                        2. Mediation agreement followed properly
                        3. Defendant did not know about the CCJ


                        no 1 is not issue as they already accepted they owe
                        no 2 - mediation agreement was breached and i did send eveidence to court when i applied for judgement
                        no 3 - This may be an issue - as I am not sure if court sent paperwork to them after i applied for judgement. i certainly didn't warn them apart from letting them know that they have breached mediation settlement. And soon after all our communication stopped as tenants went into breathing space.


                        Is there anything else I have missed.

                        Thanks

                        Comment


                          #72
                          The court should automatically send out paperwork to the tenants.
                          There's no obligation for either party to update the other.

                          If the tenant can argue that they didn't receive the paperwork or know about the hearing, the judgement should be set aside.
                          If they are suggesting that the decision was wrong or that they simply can't afford to pay, it shouldn't be.
                          Otherwise people could end up arguing the same case forever.
                          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


                            #73
                            Hello everyone,

                            I have got hearing date - the ex tenants are applying to set aside the CCJ for rent arrears. I have now sent Court some paperwork and documents in evidence of why the CCJ shouldn't be set aside. However, do i have to send these to the defendants. When i asked court this question, they said it is up to me. i really do not want to make any contact with them. Do I have any legal obligations to send these documents to them.

                            Ta

                            Comment


                              #74
                              Yeah, you have to send everything to respondents. The idea is that they will see they are on a hiding to nothing, and drop the case.
                              To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                              Comment


                                #75
                                Originally posted by JK0 View Post
                                Yeah, you have to send everything to respondents. The idea is that they will see they are on a hiding to nothing, and drop the case.
                                Right, okay. Oh well i guess i have to pen them an email. Is there a time frame, i have to do this. I sort of decided that i will not contact them, but i guess i may have to as i do want them to drop their case.

                                Comment

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