tnt in arrears and has now left is it worth chasing

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  • westminster
    replied
    If the claim is well over £1000, and the T has the means to pay (e.g. has a job), then I would definitely pursue it - but that's just what I'd do.

    The small claims procedure is fairly straightforward but long-winded - in brief:
    • You send T a letter before action detailing money owed, and give a deadline to pay, saying that you'll issue a claim if no payment received
    • You issue a claim (via Money Claim Online) - this includes the 'particulars of claim' which is a concise statement of the facts of the claim
    • Wait for the T to submit her defence (or perhaps admit the claim, or issue a counterclaim)
    • Assuming she doesn't admit the claim, then you get sent an 'allocation questionnaire' (which helps the court decide which track to allocate the claim to - if it's less than £5,000 it will almost certainly go to the small claims track, but the procedure is the same for everyone)
    • Eventually, you're asked to submit your evidence/witness statement (i.e. things like the inventory check-in, tenancy contract, and the statement is a detailed account of what happened), and get a hearing date
    • The hearing will take place near to where the T now lives, and will probably last between a few hours to a whole day, depending on how complex the claim is
    • If you win, court fees are added to the claim (fees are relatively low for small claims)

    But all this can take between 4 - 6 months from start to finish, depending on the speed of response from the defendant, whether there's a counter claim or not, and how busy the particular court is.

    When you obtain a CCJ, it's then up to you to enforce it; there are various methods including sending bailiffs to seize property, or getting installments deducted from wages, etc.

    It may be that you find the whole prospect stressful because you haven't done it before; in which case, it might help to buy a book on the small claims procedure (there are a few on Amazon).

    Also, as a landlord, it's perhaps inevitable that the need for court action will arise even if it's only occasionally; personally, I think it's a good thing to gain familiarity with the procedure because you are then better placed for the next time anything happens (whether as a landlord, or consumer, etc) and able to take it more in your stride.

    Leave a comment:


  • mind the gap
    replied
    Originally posted by gullarm View Post
    my tnt has now left, she is around £800 in arrears.

    The deposit wont even cover the damage to the house.

    Is it worth chasing for the arrears through moneyclaim.

    How does it work? What actually happens? How much?

    I have a feeling she may pay up if the courts get involved, or may try and make a repayment plan with me ( not that she has stuck to them before ) but I don't actually want to go to court, I will have to take time off and Im stressed enough as it is.

    So my question is - what do you think!
    I think that there are no magic bullets. If you find the prospect of court action too stressful, then there seems little point embarking on it. Moneyclaim starts off online but you may well have to attend a hearing if the defendant objects to your claim.

    Leave a comment:


  • gullarm
    started a topic tnt in arrears and has now left is it worth chasing

    tnt in arrears and has now left is it worth chasing

    my tnt has now left, she is around £800 in arrears.

    The deposit wont even cover the damage to the house.

    Is it worth chasing for the arrears through moneyclaim.

    How does it work? What actually happens? How much?

    I have a feeling she may pay up if the courts get involved, or may try and make a repayment plan with me ( not that she has stuck to them before ) but I don't actually want to go to court, I will have to take time off and Im stressed enough as it is.

    So my question is - what do you think!

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