Money Claim Telephone Hearing

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    #16
    It would be wrong if you could avoid legal consequences by hiding and refusing to engage with the process.
    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).

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      #17
      Originally posted by doobrey View Post
      Have you tried a tracing agent?
      That's the plan, but do i need to do that before or after the money claim hearing?
      Any recommendations on what tracing agent to use? Found they just do a bit of googling and that's it.

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        #18
        Originally posted by Claymore View Post

        I didn't even know there was a choice!
        Same here, didn't know

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          #19
          Originally posted by rapid111111 View Post
          Any recommendations on what tracing agent to use?
          I have used a couple in the past. Happy to share info. Send me a PM if you would like details.
          There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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            #20
            I had a telephone hearing for a MCOL about 18 months ago. I prepared everything, sent everything, phoned to check they had what was needed then on the day on the call they had seen no paperwork and I had to summarise everything there and then. I was quite shocked at how that could happen after all the preparation! It went my way, but I didn't get the interest I had applied for - they didn't have that on their information and I didn't think clearly or quickly enough to explain the justification. I did follow it up afterwards and was assured a response about what had gone wrong with the process but it never came. Hopefully they are better used to this way of working now, but my one piece of advice would be to submit everything anyway, and to have a summary for yourself that you can read from if needed!

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              #21
              Thanks Bethy, that's helpful. Will resend the info. Were you able to register a CCJ there and then?

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                #22
                Originally posted by rapid111111 View Post
                Thanks Bethy, that's helpful. Will resend the info. Were you able to register a CCJ there and then?
                Hi, sorry, my situation was different to yours in that I started off with a money claim, no defence was submitted so I got a judgement by default. At that point they finally took notice and applied to have the judgement set aside. Our hearing was a set aside hearing and the application was dismissed and CCJ upheld and eventually paid in full when enforcement action was being mentioned!

                But, I would imagine the process is similar - a decision is made at the hearing and paperwork sent out shortly after to confirm.

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                  #23
                  Checked on the PCOL and it looks like the defendants are being responsive and sending in statements. So I guess they'll be attending the hearing. If that's the case, is it possible to ask the courts for an address from the defendants?

                  Comment


                    #24
                    rapid111111,

                    You have to mention on the letter to court that you have not received the defence documents and their current address. And copy of all your documents sent to court could be sent to defendants. Likewise the defendants should send all documents to you as well. In theory, this doesnt happen, so you will have to let court know that you have not received the defendants' documents submitted to court.

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                      #25
                      Hi Bethy,

                      I am soon to attend a set aside hearing (applied by the defendants) - just wanted to ask what questions did the judge ask you. Were the defendants present? What arguments did they put forward. were all evidence inspected. What happened after the application was dismissed - was the CCJ registered from that date or did it revert to when it was ordered previously (before set aside hearing). Thank you

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                        #26
                        Hi there, sorry to hear you also have this. I feel like mine was a bit of a car crash as none of the paperwork was there so it got a bit 'he said/she said'. But other than that it was pretty fair.

                        I was asked to outline the situation as I saw it and what had happened to date. Then the defendants had to give their reasons for asking for it to be set aside. As you'll know by now, there are only a few justifiable reasons, and they didn't meet any of those. Instead they were flinging all sorts of things into the mix, I guess what they would have said if they had put in a defence to the initial claim. The judge was quite sharp with them and actually said it was absurd it had got this far!

                        I interjected at one point as they were saying total lies about me and I got told off for having spoken when it wasn't my turn. I shouldn't have done that, and did then realise that everyone was given fair opportunity to speak and respond, but that it was kept on topic and relevant.

                        The judge reduced the amount owed (as the calculated interest wasn't on their paperwork). But the original CCJ stood, just with a slightly revised amount. They were given 14 days from the date of the hearing to make payment in full. The revised paperwork arrived a few days later to back that up.

                        Hope that helps, and good luck!


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                          #27
                          bethy,

                          Thanks so much. The defendants are already throwing in a lot of rubbish at me now, I can’t wait to see what they will say in front of the judge. I will probably keep my mouth shut and ignore whatever they are spinning.

                          when you explained the case, did the Judge ask for any clarifications. And also also did your claim get to mediation and then a default CCJ or it went straight to CCJ. Mine went to mediation prior and then defendants breached mediation which led to a CCJ without hearing. And now the defendants have applied to set aside CCJ.

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                            #28
                            Originally posted by OS7 View Post
                            You have already sent your evidence - like rental statements, tenancy contracts and emails...you don't have to worry too much. Just ensure you have the dates of missed payments at hand and yes, you can claim expenses and interest. the judge will ask if you tried mediating or talking to your ex tenants. Just be honest and cite the evidence if you have any. The judge may order court mediation or ask if you would take installments. Most usually they will order the judgment in your favour with a installment order or pay by date as long as all evidence are correct and there is no arguable defence. If the judge orders a court mediation, perhaps try this and if the ex- tenants break the agreement or refuses to mediate, you can ask for judgement without hearing at a later stage. there is always a possibility that the ex- tenants will try to set aside the judgement at any point - so there may be more hearings after judgement is given. good luck....

                            It went just as you said, tenant didn't turn up to call, awarded in my favour.

                            Comment


                              #29
                              OS7,

                              If you can stay calm and professional in your approach it will definitely help. The judge will not be interested in all the "noise" around it, they will want to get to the facts.

                              Mine went straight to default judgement - the defendant failed to put a response in, but had asked for more time, by which they showed they had received the paperwork so kind of shot themselves in the foot.

                              Without knowing the details, I would say the judge won't be impressed if they defaulted on the mediation. The system offers (too many?) chances, but some people still won't take them and instead try to blame everyone else.

                              Comment


                                #30
                                Thanks Bethy for all info. I agree with your sentiments as well. Ta

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