Money Claim Telephone Hearing

  • Filter
  • Time
  • Show
Clear All
new posts

    Originally posted by OS7 View Post

    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.
    Wondering if you can help again..
    The judgement order is set for them to pay the full amount by next week, which they most likely won't.
    Do I then send a letter to the courts requesting a CCJ in their name? How does one then go onto enforcing the judgement with bailiffs?


      Assuming the tenant doesn't pay, you complete Form N316 and pay £50.00 when you submit it.

      The tenant is required to attend a court and give details of their income and assets.
      Not attending is treated as contempt and can result in a warrant for the tenant's arrest (which no one is likely to do much about unless they become involved with the police for some other reason).

      Some notes on the process here -
      The rest of that web site is helpful - there's a link on the left of the page (on my desktop version) which takes you through all the post judgement enforcement options - which used to include an online process that seems to have vanished.
      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).



        You already have a CCJ aganist them isn't it. Since they haven't paid, it is time for you to enforce it - i think there are different ways to do this. I would just get county court warrant or high court writ. Depending on their circumstances, this may not be the best. have a look at all options. A CCJ is already registered , so the defendants would carry this on their back for 6 years


          That's right, confirmed on the registry that there is a CCJ.

          Just noticed an update on the PCOL today the 18th Nov, that there's a General Form of Application, I assume to try and set aside judgement.
          However the order stated that the latest an application to set aside could be made would be by the 30th of October. So would the application being made still be considered or ignored?


            Noticed the defendant has submitted some documents on the PCOL, am I allowed to request to see those? Haven't been sent any copies from the defendant.


              You should be able to see documents on PCOL. If it is N244 - general form of application then it is to set aside the CCJ or if it is N245 ( i think) it is to vary the judgement (pay by installments). don't you have view button to press.

              Even if the date has passed, the court will still want to hear what they defendants want to say. perhaps during the hearing you can point out that the date has passed - i think it will not favourable to the defendants if time has expired ( i am sure there is a legislation on this (expiry of date) on website on setting aside CCJ)



                (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly



                  At first it wasn't available, then it became clickable a couple of weeks later.


                  Latest Activity


                  • Reply to Is time more important than money?
                    by Lawcruncher
                    I am not suggesting it is the landlord's fault. I am just saying that, in some cases, if a tenant feels secure he is more likely to take care of a place....
                    27-01-2022, 23:02 PM
                  • Is time more important than money?
                    by jpucng62
                    Just had tenants move out of a property after 2 years. Always paid on time, perfectly pleasant young family who have now bought their own home BUT:

                    House was grimy - looks like they didn't clean properly in 2 years rather than anything overtly unpleasant
                    Garden was left in a mess...
                    27-01-2022, 17:20 PM
                  • Reply to Tenant not paying and letting agent mismanaged
                    by MdeB
                    That is because you have to do things properly for S21 to be valid.

                    Do everything properly and the S21 is valid.
                    Get one thing wrong and it is invalid. There are many things to get right....
                    27-01-2022, 22:54 PM
                  • Tenant not paying and letting agent mismanaged
                    by Beeble
                    We rented a flat out with the local branch of a national estate agent. They were charging a very low fee (that should’ve had my alarm bells ringing) and had a tenant immediately available. This was Dec2020/Jan2021 and the tenancy paperwork they sent to me was minimal.

                    Tenant moved in...
                    25-01-2022, 15:37 PM
                  • Reply to Deducting Cleaning Costs from Deposit
                    by Lawcruncher
                    The requirement comes from the tenancy terms. There are various reasons why a contract term may be void or unenforceable. They include: illegal; impossible; contrary to public policy; statute forbids them to be imposed; unfair. A requirement to keep a dwelling clean and leave it it clean is none of...
                    27-01-2022, 22:20 PM
                  • Deducting Cleaning Costs from Deposit
                    by Piffy
                    I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
                    27-01-2022, 11:30 AM
                  • Reply to Inherited a few rentals
                    by AndrewDod
                    Almost everything is telling you to sell them - far away, no experience, higher rate taxpayer, current environment
                    27-01-2022, 22:04 PM
                  • Inherited a few rentals
                    by Landlord7289
                    Hoping for some advice on this situation from people who may have been through similar...

                    I am inheriting 4 rental properties from my late father. Are there any tips or ideas people would share about this situation?

                    My situation is I am early 30s in full time employment, live...
                    25-01-2022, 15:02 PM
                  • Reply to Deducting Cleaning Costs from Deposit
                    by DoricPixie

                    Why does a tenant need to leave the property in a reasonable state of cleanliness if the property wasn't in a reasonable state of cleanliness at the start of the tenancy? Where does the requirement come from? The deposit protection schemes don't appear to take that approach...
                    27-01-2022, 21:11 PM
                  • Reply to Tenant has moved partner in.
                    by Hudson01
                    Totally agree, the classic - still the best. They sound like a nightmare and i would be looking to get rid as soon as i could whilst we still have S21, removing kitchen cupboards !!! In a 2 bed flat...... why the hell would you remove part of a fitted kitchen, what are you going to do with the space....
                    27-01-2022, 20:41 PM