I have received a county court judgment

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

    I have received a county court judgment

    I lived in a property for nearly a year. I took on the property with a friend who signed the lease. I was never mentioned on the lease. The lease was not through an agent - it was private. The landlord was aware that i was living there too. My name was on the council tax but not on any utility bills (these were all still in the landlord's name). I had no rent book and just paid my friend cash each month towards the rent and paid cash when he asked for money towards bills - i had no receipts. I have since (4/5 months later) received a letter from my friend saying that i owe £320 towards utilties and £400 for a new carpet. The carpet in my bedroom apparently had a hole in it. The landlord was around when i moved out and all was amicable but he didnt want to deal with me as i was not on the lease - he waited for my friend (who was very late) so i had to go. I am easily traceable as both the landlord and friend knew where i worked. I have seen the landlord since and he did not mention anything to me. I did not keep in contact with my friend. I have since received a county court judgment from my friend who says he had no idea where to find me which is rubbish as he often visited me at my work place. I never saw a hole in the carpet and i cant believe £320 is outstanding on bills. I gave cash before i left for bills which has not been included in the figures - nor has the fact that i paid for carpet cleaning before i left. If i felt i owed money then i would pay but the figure seems ridiculous. cant believe it has taken this length of time to contact me. i have 14 days to respond and do not know what my rights are, or if i have any.
    Last edited by Alison; 25-04-2005, 17:01 PM.

    #2
    You have received a default summons. You have to respond within 14 days or file an acknowledgment which then extends the time for reply to 28 days.

    If you dispute the debt, write down why you dispute it in plain simple factual language. There will then be a hearing at which you should attend and give your side of the matter - the judge will then decide whether or not you are liable.

    If you are found liable, then a County Court Judgment will be entered against your name and address - this will also happen if you do nothing as the judgment will be given in default if you dont file a reply or defence.

    If a CCJ is entered, you have 28 days to pay it and the judgment is then removed from the register of CCJs. If you settle it after 28 days, or fail to pay it, then it stays on your records for six years after which it drops off.

    Comment


      #3
      Thank you for your response. I understand the county court judgement procedure. My concern is that I never saw the hole in the carpet and cannot prove whether it was there or not as my friend did not turn up at the arranged time. His workings out on the utilities does not seem to add up either. Also it seems that the monies i did pay towards bills in the last month have not been taken into consideration but i have no proof to show i paid him. I dismayed that he has taken this action but feel he is trying to have me over. Are there time scales to contact people about damage? if i was not on the lease - can he do this?

      Comment


        #4
        Can Alison be held responsible for anything if she didn't have an inventory (with the LL or the tenant who sublet to her) ?

        Can the tenant actually chase her for rent if no tenancy agreement was signed, if no rent book was kept and no payment proof has ever been provided ?

        Comment


          #5
          She doesnt mention if she has seen or signed a inventory, if she hasnt I cant see how the LL can prove it didnt have a hole in it in the first place.

          She doesnt need to sign a AST for there to be one, if she has ever handed the LL money, a AST exists. In this case it seems that there isnt one, and so I cant see how the LL is looking at serving her a CCJ.

          Also the LL has all utilities in his name and he is trying to recharge these to her, how can he recharge the utilities to a "guest"?

          Surely he needs to chase the tenant here, and its upto the tenant to chase the poster?

          Comment


            #6
            Its not the landlord that is chasing me its my ex - friend! I have never signed anything. My friend signed everything. The landlord has made no contact with me whatsoever.

            Comment


              #7
              Whats the break down of the claim?

              I dont she that your "friend" can claim for anything for the carpet as you didnt see or sign a inventory.

              Im not sure how a sublet would work in the eyes of the law, or even if you were a sub-tenant, but the utilities seem to be your word against your friends.

              I await to be correted by one of the boards experts.

              Comment


                #8
                Have you tried asking the landlord if there actually was a hole found on his final inspection? if there was, ask him how much he asked your friend to pay. If not, ask for an afadavit from him to that affect and include it in your reply to the court.
                My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

                Comment

                Latest Activity

                Collapse

                • Reply to solicitors fees
                  by Hudson01
                  We all understand that they are not known for their charitable nature...... but 9k !!!! As has been said, ask for a detailed breakdown of exactly how they have spent a weeks worth of time (avrg 48hr week) to deal with this simple (non contested) S21....... Wow
                  30-07-2021, 11:00 AM
                • solicitors fees
                  by rob1648
                  Hi all , finally managed to get my tenant evicted after 18 months of hell using high court bailiffs , house now sold so happy days, we tried initially to do the section 21ourselves but made mistakes which citizens advice happily pointed out to our tenant so we decided to use a solicitor to act for us...
                  29-07-2021, 15:19 PM
                • Reply to solicitors fees
                  by Section20z
                  It's not just the hours don't forget, it takes six years training to learn how to inflate fees like that...
                  30-07-2021, 10:45 AM
                • Reply to Help! Sub tenant with no contract eviction rights
                  by Yasmenaax
                  Appreciate the clarification, I did do a lot of digging around after you first mentioned exclusive occupation into the laws regarding this so I definitely understand your point there now. And as far as I can tell from that, my being here should constitute the requirements of a (sub)tenancy.
                  ...
                  30-07-2021, 10:35 AM
                • Help! Sub tenant with no contract eviction rights
                  by Yasmenaax
                  Hi there,

                  I moved into a property 2-3 months ago which was subletted to me by a girl named on the main tenancy contract of the property. I handed over a deposit (which is currently unprotected) and have paid rent on time. She today decided to give me notice to leave, giving me only 2 weeks...
                  29-07-2021, 02:19 AM
                • Reply to solicitors fees
                  by ash72
                  It is a tad high, unless you get a breakdown of the costs it's just people speculating, as it could be Letters to the T, they could have tried mediation. Most important thing is you've got the property back and your out of the game. Just make sure you CCJ put against the T (you can do it yourself M...
                  30-07-2021, 10:14 AM
                • Reply to solicitors fees
                  by KTC
                  Probably £160 + VAT per hour. Still like 47 hours though.



                  +1

                  An hour initial meeting, half an hour for the s21, a few hours for the claims paperwork, and total a few hours warrants etc. Ten hours, fifteen maybe we say?...
                  30-07-2021, 10:02 AM
                • Reply to solicitors fees
                  by jpucng62
                  They have to reread the paperwork every time the pick it up because things take so long & they forget what the case is about!!...
                  30-07-2021, 09:51 AM
                • Reply to Help - evicted tenant leaves a nasty surprise behind
                  by jpucng62
                  Pay as you go meters will not reduce the value of the property and some tenants like them as it helps them to budget.

                  When one is fitted to a property any credit added to it (usually now done online) will partly put credit on for usage and will partly pay off the debt. If you or your next...
                  30-07-2021, 09:50 AM
                • Help - evicted tenant leaves a nasty surprise behind
                  by nreid
                  My tenant was evicted back in April of this year after a lengthy period.
                  Besides this trauma, the problems continue.

                  My new agent has emptied the letterbox and found a number of concerning items. One is the matter of a court summons for unpaid council tax. I have since taken over...
                  29-07-2021, 20:21 PM
                Working...
                X