i got Judgement by default over failed deposit return - he set it aside!

[jb9]

Contact all three of them

 

Who runs the tenancy deposit protection schemes? : Directgov - Tenancy Deposit

[JeffW]

I intend to take my former landlord to court.

 

He's a bully, and he will come to my current property and upset my tenants and I if he finds out where I live.

 

I would therefore like to use a friend's address when I issue my claim.

 

Are there any rules that say that the address you give on the small claims form has to be where you live, as opposed to a forwarding address?

 

Thanks in advance.

 

Regards

 

Jeff

[pink1]

Hi,

 

As I understand it you can use a "service address" but you do still have to enter yours as well.... Were you going to use MCOL? They have a helpline you could ask - 0845-601 5935.

 

I've just issued against my landlord too - good luck, keep us posted!

 

Px

[JeffW]

Thanks Pink.

 

Yes, I am.

 

By the way, are claims for three times the deposit when your landlord hasn't registered your deposit normally pretty open and shut if you can prove the deposit wasn't registered, or does it depend on the judge?

 

Jeff

 

Hi,

 

As I understand it you can use a "service address" but you do still have to enter yours as well.... Were you going to use MCOL? They have a helpline you could ask - 0845-601 5935.

 

I've just issued against my landlord too - good luck, keep us posted!

 

Px

[bedlington83]

By the way, are claims for three times the deposit when your landlord hasn't registered your deposit normally pretty open and shut if you can prove the deposit wasn't registered, or does it depend on the judge?

It very much depends on the judge and whether the landlord's solicitor argues effectively.

[JeffW]

Hi

 

I'm suing my landlord for not registering my despoit in a tenancy deposit scheme and for withholding part of my deposit, and I'm unsure how much interest to claim for.

 

Can someone please tell me:

 

A. The date at which the money became due, eg when I signed my agreement or when I left the property?

 

B. Whether the interest is simple or compound?

 

C. Whether the daily rate of interest to put in the claim is 0.02 % (this is roughly what you get when you divide 8% by 365).

 

Also, does anyone know of any websites you can use that will calculate the interest for you?

 

Thanks in advance.

 

Jeff

[foldorcrumple]

jeffw, i'm pursuing my own case using the services of a solicitor. he calculated the interest starting from the day the noncompliance began, so 14 days after the deposit was paid. i can only assume this is legitimate but it hasn't been before a judge yet so not sure what the judge will say. the daily rate i believe is .000219 but i assume you can round to the nearest significant figure. i dont know of a website but excel is handy for doing this. or maybe google spreadsheets. you'll want to set something up coz you'll prob need to keep recalculating interest. eg, we added more interest due when filing the allocation questionnaire, and i assume we'll add more interest still when we get a hearing altho i don't know. the point is the clock keeps ticking, it'll cost the LL/LA money. good luck!

[raydetinu]

If you have left the property you may get the deposit back plus 3x deposit amount thats it, you will only get interest on any amount if he does not pay up beyond the date the court sets..

[JeffW]

Thanks guys.

 

Jeff

 

If you have left the property you may get the deposit back plus 3x deposit amount thats it, you will only get interest on any amount if he does not pay up beyond the date the court sets..

[JeffW]

A few weeks ago, I started a claim against my landlord, who had withheld some of my deposit.

 

As he didn't acknowledge my claim within 14 days of it being issued, I was able to obtain a judgement by default. My landlord is now appealing against this judgement.

 

Would I be right in thinking that his only grounds for appeal are that he either didn't receive the letter from Northampton Court telling him of my claim, or that he was prevented from acting on it (perhaps due to illness)?

 

Thanks

 

Jeff

[Guest Old_andrew2018]

Bump

[Kentish Lass]

Setting aside default judgment

There are three grounds for cancelling 'setting aside' the Default judgment.

• The documents were not served correctly. The Defendant has to show that the documents were not served, which obviously would explain why the Claimant had ability to enter judgment. This has to be done by way of an 'Application on Notice' (motion). Evidence has to be shown to the procedural judge. This used to called setting aside an 'irregular judgment'
  

• There is some good reason why judgment in default should be set aside. This covers any situation but is commonly used when service was effected properly, but still did not come to the attention of the Defendant (perhaps they were on a long vacation, or in hospital). Many jurisdictions also require the defendant to proffer a meritorious defense before vacating the default judgment.
  

• The Claimant entered judgment when they were not entitled so to do. For example, perhaps a Defence was filed in time, but the Claimant still attempts to enter judgment. The court staff usually check for things like this, but occasionally things slip through the net. It used to be the obligation of the Claimant to apply to set aside their own judgment in these circumstances, but this obligation has recently (in 2005) been dropped.
  

In the last circumstance of the above, the Defendant can get the judgment cancelled as of right. Otherwise, the Defendant needs to show what their Defence will be, and if the court thinks that the defendant is effectively 'stalling for time' they will not get the judgment set aside.

 

[edit] Practice

 

In practice an application to set aside Default Judgment is almost always granted. This fact is seized upon by so-called 'credit repair' companies. A person whose credit record is adversely affected by a registered judgment pays a credit repair company who advises them how to apply to have it set aside. This is usually of little effect: the judgment will be re-entered very quickly if there is no actual defence, and there are usually other records which affect a person's credit rating, not just the judgment.

Pragmatic reasons why judgments are set aside are mainly because on balance, it is seen as better to give a person who may have a good defence extra time, and avoid a potentially devastating judgment, and thereby keep a claimant out of their money for a further two to four weeks, than give the claimant the benefit.

However the court can, and often does, order conditions to be satisfied, such as a draft defence being filed first, money paid into court, or similar conditions.

Setting aside Judgment in Default is covered by Part 13 of the Civil Procedure Rules.

[JeffW]

Thanks Kentish Lass.

 

How long does my ex-landlord have to file his appeal?

 

Regards,

 

Jeff

 

Setting aside default judgment

There are three grounds for cancelling 'setting aside' the Default judgment.

• The documents were not served correctly. The Defendant has to show that the documents were not served, which obviously would explain why the Claimant had ability to enter judgment. This has to be done by way of an 'Application on Notice' (motion). Evidence has to be shown to the procedural judge. This used to called setting aside an 'irregular judgment'
  

 

• There is some good reason why judgment in default should be set aside. This covers any situation but is commonly used when service was effected properly, but still did not come to the attention of the Defendant (perhaps they were on a long vacation, or in hospital). Many jurisdictions also require the defendant to proffer a meritorious defense before vacating the default judgment.
  

 

• The Claimant entered judgment when they were not entitled so to do. For example, perhaps a Defence was filed in time, but the Claimant still attempts to enter judgment. The court staff usually check for things like this, but occasionally things slip through the net. It used to be the obligation of the Claimant to apply to set aside their own judgment in these circumstances, but this obligation has recently (in 2005) been dropped.
  

In the last circumstance of the above, the Defendant can get the judgment cancelled as of right. Otherwise, the Defendant needs to show what their Defence will be, and if the court thinks that the defendant is effectively 'stalling for time' they will not get the judgment set aside.

 

[edit] Practice

 

In practice an application to set aside Default Judgment is almost always granted. This fact is seized upon by so-called 'credit repair' companies. A person whose credit record is adversely affected by a registered judgment pays a credit repair company who advises them how to apply to have it set aside. This is usually of little effect: the judgment will be re-entered very quickly if there is no actual defence, and there are usually other records which affect a person's credit rating, not just the judgment.

Pragmatic reasons why judgments are set aside are mainly because on balance, it is seen as better to give a person who may have a good defence extra time, and avoid a potentially devastating judgment, and thereby keep a claimant out of their money for a further two to four weeks, than give the claimant the benefit.

However the court can, and often does, order conditions to be satisfied, such as a draft defence being filed first, money paid into court, or similar conditions.

Setting aside Judgment in Default is covered by Part 13 of the Civil Procedure Rules.

[Kentish Lass]

Normally 14 days.

[JeffW]

I am suing my former landlord for about 1000 pounds, and he trying to counter-sue for the costs of his legal defence.

 

Am I right in thinking that he is unable to do this, and if so what is the relevant legislation?

 

Thanks in advance.

 

Regards,

 

Jeff

[JeffW]

My former landlord recently appealed successfully against a judgement by default I had obtained against him. In his written defence, he claims that the bed I damaged cost him 75 pounds. He now claims, in his defence against my original claim, that it cost 70 pounds!

 

Is this kind of contradictory testimony usually grounds for having a case thrown out?

 

Thanks in advance.

 

Jeff

[Steve__M]

See the civil procedure rules for the small claims track, which I assume is where your claim will be heard:

 

PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice

[JimmySpangle]

If you sue someone and they are successful in defending it, they will normally be awarded costs (reasonable) for solicitors etc. However, if you are successful and win, they will not be awarded any costs at all and you will be if you have used a solicitor.

 

the reasoning behind this is that I need to feel it is OK to suer someone if they do owe me money, which I can prove. It is equally reasonable that someone can use a solictor to defend a claim that is ficticious etc and if that is the case, the person suing should pay as it should never have come about in the first place.

[JimmySpangle]

Not necessarily. Could be a legitimate error, could be a typing error, could be a mistake. The judge will ask to see the receipt.

[Steve__M]

I don't think you would normally get solicitors costs if your case is put in the small claim track. How much are they countersuing for (excluding the legal costs)?

 

You do have to be careful till the Allocation Questionnaire has been done and the allocation to track has been made, as in some cases solicitors will submit court applications if they think there is something fundamentally wrong with your claim, and these may be dealt with outside the small claims track.

[bedlington83]

See the civil procedure rules for the small claims track, which I assume is where your claim will be heard:

 

PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice

Probably, but only if the OPs claim is

 

PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE - Ministry of Justice

[Steve__M]

Probably, but only if the OPs claim is

 

PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE - Ministry of Justice

 

The £1000 figure is for:

 

(b) any claim which includes a claim by a tenant of residential premises against a landlord where –

(i) the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);

 

(ii) the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and

 

(iii) the value of any other claim for damages is not more than £1,000.

 

 

If it is a claim not relating to disrepairs, I assume the £5000 figure applies.

[bedlington83]

If it's not for disrepair, then I surely (iii) applies?

[Steve__M]

It's an "and" clause. I think the £1000 limit would apply to, say, a tenant's claim for up to £1000 for repairs that a landlord must do AND a claim for damages of up to £1000. ie. up to £2000 max in total.

 

If the claim does not involve a tenant claiming for disrepair, then the whole of (b) does not apply and we're back to the £5000 figure.

[bedlington83]

That's not how I read it but as I'm not certain I'll not argue