Made a claim on MCOL almost 6 years ago but can't get Judgement

[Nashy1]

Dear Forum

I made a claim using MCOL which I have in the past clicked the button to get a Judgement, however with this case I never entered judgement as I couldn't find details of my ex tenant, however 3 months ago found details of her, but its proving impossible to get a Judgement manually created as the orders are removed from the online system.

MCOL advise me to simply go to my local Court and they can create, but my 2 local Courts won't even allow me to enter the building without an appointment. The phone number to make an appointment sends you in circles with just an email address.

6 - 8 weeks to get an email response and I'm told I need to bring the copy of the Judgement plus what I'm trying to do (attachment of earnings), but I don't have a Judgement.

My concern is that I have only until the 20th November before the 6 year deadline is up on the small claim. I've spent hours on the phones trying to speak to someone, but its likely that I'm going to have to accept the losses, as to me the Court system is in meltdown.

My other concern is that I've been told that I can make an application to go before a Judge, but again I can't see that being before the 20th November, and I've been asking does this have to be at my local Court Winchester or the defendants local Court in Nuneaton (Midlands).

Would if I had time start a new claim, but again its been 6 years since the defendant left my property without paying rent for 4 months and let her dog use the house as a toilet.

Any help or advice would be welcome as can't continue to wait for someone to answer the phone or reply to emails.

Thank you.

[JK2054]

sound stuff this is an easy one.

When you issued the claim, you need to look at which court is listed on the top right where it says IN THE COUNTY COURT AT or WTTEO.

Next you send form N225 to that court.

pretty simple.

[Nashy1]

Thank you for your response, but as mentioned I have used MCOL, who have deleted all of my claim files off their system.

I have paper copies of the claim, but MCOL keep advising me that they can't issue the Judgement it needs to be done at my local Court.

My local Court advise me that they don't have access to any details on MCOL and wont let me enter the building.

I see how simple it is to do the N225, but can't find a Court staff member to spend 2 minutes typing up the details and putting a rubber stamp onto 2 sheets of paper.

[JK2054]

No, you need to go back to MCOL. It has nothing to do with your lcoal court. Also court staff don't fill the n225 you do. They also don't do rubber stamps either.

as for getting into your local court, simply walk in. you will need to go through security that is it.

[Nashy1]

Have spoken again to MCOL, they don't have access to my claim its been deleted from the system.

I was provided false hope last week when the advisor from MCOL informed me that they would recreate my claim.

I have the N225 form sitting on my desk signed and dated with the Claim Form, but if I travel to Winchester Court security won't let me into the building without an appointment.

I spent 2 hours on the phone this morning trying to get through to Basingstoke Court, but at 85 in the queue I had to cut off my phone.

CAB shut early today so no help there.

Emails that are 2 months old still not responded to, so not sure how you can say this is simple.

I can't recreate claim as its been over 6 years since ex tenant left my property without paying.

Thanks for any advice, would be useful to try and get a direct number for the Courts.

[JK2054]

you cant get a direct number for the courts thats just not how it works
You can enter any court in teh country, you do not need an appointment, just say you want to observe the court, and they have to let you in. very simple.
you need to make a complaint to MCOL, THIS HAS NOTHING TO DO WITH YOUR LOCAL COURT

[Nashy1]

Managed to get an email response back from another local Court today. Had sent them my claim form, receipt from MCOL, N225 form and email from MCOL advising me to attend my local Court.

The response from the Court was:

The judge considered your previous email along with the letter attached to this one, but unfortunately without any record that the claim was issued and served we cannot enter judgement.

There are no records on file as these have been deleted by MCOL. MCOL won't assist me in any way, keep telling me to go to local Courts, but whilst I feel that another local Court have at least put my claim before a Judge, how can I avoid losing my small claim amount if MCOL keep passing the buck?

[Pezza54]

According to MCOL Guidance a claimant has 6 months and 19 days from the date of issue of the claim to enter judgement, otherwise the claim will be stayed. The claimant then has to make an application to a district judge or court appointed legal adviser to lift the stay

[Nashy1]

Thank you for this, not sure when this 6 month and 19 day rule was implemented as never seen it or was told when I took out my claim.

My issue is not a stay on my claim, its that my claim was made, receipt for payment given and a copy of the claim with reference only issued to me, but if a Judge is saying that there is no record of the claim being issued or served what can I do.

The claim is deleted from the MCOL Court file, I only have the paperwork that shows that I paid for a claim and the Claim form both of these were sent to my local Court which I'm sure the Judge has seen, but MCOL advise me to send to my local Court details of my claim, such as name / date / amounts etc etc.

Its proving impossible, when it should be straight forward or easy.

Either way I have to write off the debt as my mental and physical health is suffering more trying to recover losses from a woman that trashed my home.


Thanks anyway for your help and advise.

[Pezza54]

CPR 15.11 (1)
What was the date of issue of your claim?

[Nashy1]

20/11/2018

[Pezza54]

You have zero chance of a judge agreeing that the stay should be lifted. Claimants have struggled to lift a stay after only 4 months of the claim being stayed
Fair to say that both the defendant and court considered the claim abandoned after nearly 6 years of inaction

[atticus]

I am sorry to say that is correct