Money Claim Telephone Hearing

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • rapid111111
    replied
    OS7,

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

    Leave a comment:


  • OS7
    replied
    https://www.justice.gov.uk/courts/pr...l/rules/part13

    (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

    Leave a comment:


  • OS7
    replied
    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 gov.uk website on setting aside CCJ)

    Leave a comment:


  • rapid111111
    replied
    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.

    Leave a comment:


  • rapid111111
    replied
    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?

    Leave a comment:


  • OS7
    replied
    rapid111111,

    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

    Leave a comment:


  • jpkeates
    replied
    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 - https://www.moneyclaimsuk.co.uk/post...forcement.aspx
    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.

    Leave a comment:


  • rapid111111
    replied
    Originally posted by OS7 View Post
    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.
    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?

    Leave a comment:


  • OS7
    replied
    Thanks Bethy for all info. I agree with your sentiments as well. Ta

    Leave a comment:


  • bethy
    replied
    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.

    Leave a comment:


  • rapid111111
    replied
    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.

    Leave a comment:


  • OS7
    replied
    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.

    Leave a comment:


  • bethy
    replied
    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!


    Leave a comment:


  • OS7
    replied
    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

    Leave a comment:


  • OS7
    replied
    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.

    Leave a comment:

Latest Activity

Collapse

  • 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
    Lawcruncher,

    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
Working...
X