PCOL submission error - now what?

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    PCOL submission error - now what?

    I have a PCOL court hearing in a couple of weeks, to repossess a property from a non-paying tenant. When checking the PCOL entry online just now, I noticed to my horror that the 'Date S8 notice served' is in correct - the month says 'April' rather than 'August'. No idea why - I'll swear I entered it correctly but the evidence is on the screen.

    So now what? Presumably there's nothing I actually can do about this now?

    Assuming the error gets spotted in court, presumably my case will be thrown out? If the tenant doesn't spot the mistake (very likely) and doesn't turn up in court (possible), would the judge bounce it anyway?

    I submitted the PCOL about 3 weeks ago; is it worth waiting 2 more weeks to see what happens in court, or should I just withdraw it and resubmit?

    #2
    May be best to withdraw it and resubmit, as Judges can be pendantic with dates.

    However, why not give the court office a call and ask if the error can be ammended-I'm sure the actual submission date can be proven by the computer records.... just needs a bit of human intervention.

    Comment


      #3
      I'd be inclined to try submitting a brief note pointing out the error; but perhaps try first to contact someone at PCOL to ask if a correction of this type would be acceptable.

      I know Courts are quite strict on dates but in this case you are correcting a fairly obvious error and your tenant should not have been disadvantaged by perhaps having already been sent information containing this error.

      Comment


        #4
        Originally posted by johnjw View Post
        I'd be inclined to try submitting a brief note pointing out the error; but perhaps try first to contact someone at PCOL to ask if a correction of this type would be acceptable.
        Hmm, I know from previous experience that PCOL are totally unhelpful when it comes to anything other than technical-type support - they've referred me to my local court for anything else.

        Am a bit loathe to stick my head above the parapet at the court on the basis that that definitely flag up the error! Dilemma...

        Comment


          #5
          Presumably there was nothing wrong with the August date entered on the actual S8 notice served on the tenant. Your error is a typing error in transcribing this date on to the PCOL form.
          I know court appearances are hard enough without the knowledge of an error in your submission. However this is better than an error which you are not aware of and which might be sprung on you in court. As things are, you can be ready with a straightforward explanation of a clerical error which has not disadvantaged your tenant in any way.
          I suggest that its worth risking another fortnight.

          Comment


            #6
            Hello Eric,

            I know this was quite a while back, but wondered what happened with your case and if everything worked out well?

            I have a similar problem in that the 'cut and paste' function did not work quite as well as I thought and didn't realise until it was too late, so unsure whether to do anything about it or wait and see.

            PCOL helpdesk tell me there is meant to be a PCOL champion at the court - but when I called, the receptionist just giggled and said she'd never heard of such a person. Suggested I complete an N244 form.

            Comment


              #7
              There is a field on PCoL to submit general correspondence. Outline the error and the correction stating that the actual document will be presented at the hearing as evidence. Also indicate that a hard copy will be forwarded to the court today to support your claim. Post a copy of the NoSP to the court and any other interested party who may be involved.
              I've had this before and the hearing went well. Judge acknowledged error and correction. These things happen.
              I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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                #8
                Thanks ghelliwell! Will do that.

                Comment


                  #9
                  Originally posted by Lara View Post
                  I know this was quite a while back, but wondered what happened with your case and if everything worked out well?
                  You know, I really can't remember! But I can certainly tell you I won my case, and the tenant didn't show up in court, so presumably the judge never spotted it?

                  Comment

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