Set aside app / Landlord/Tenant claim

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

The landlord didnt pay for the ccj though it was sent by default (if that makes a difference)

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

& what if she accept 200, the judgement gets set aside...then what? If she wins i pay 200 on top of 980 or if i win i still have to pay her 200?

CCj get removed, you only owe 200 then, court app gets withdrawn.

I gree with teh rest of your letter, sound spot on.

Agian, sorry if i sound a bit rude or sharpe.

My unofficial job seems to be sorting out LL and tenant disputes around my own town for owners. i was a property manager for many many years up to 2003. The other 2 that are advising you on here know A LOT MORE THAN ME ABOUT THE LAW OR PROCESSES. Follow what they say about dealing with the process, and just take what i have put as advise in ways to sort it out.

[stevemLS]

Re: Set aside app / Landlord/Tenant claim

Stacey, your first reason for asking for the judgment to be set aside is that the main reason your response was not submitted on time is that the court staff gave you inappropriate advice and that they failed to send the response pack.

Sorry to keep harping on but it is important.

The effect of having the judgment set aside is that it is as though it never happened. So, you don't owe the £980. If you are able to get her to accept £200 or £300 or whatever, it needs to be conditional on her discontinuing her claim.

And she DID pay for the CCJ in that she paid the initial court fee to issue the claim.

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Yeah i have stated very clearly dates i rang the court office and clearly stated i wasnt given any information on being able to print the form or a time limit
I thought setting the judgement aside meant that it went back to the original claim stage, we submit our defence / claim forms again (though mine will be sent all at once so with the N244) would this cost her to start the process again? Even after i have to pay 155?

[stevemLS]

Re: Set aside app / Landlord/Tenant claim

It does go back to the original claim stage, so you get another opportunity to submit your acknowledgement of service and defence.

In the ordinary course, a set aside order will contain future claims management directions saying who has to do what and by when.

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Hiya quick question - everythings pretty much ready to be sent but I'm stuck on the EX160 fee remission form.

Paid monthly income- My partners pay checks vary depending on overtime. Do I put in his standard rate (which shows on the paycheck then underneath states overtime) or do I write in what he earnt last month? I rang court office and they couldn't answer!!

[Amethyst]

Re: Set aside app / Landlord/Tenant claim

Write in the basic rate and include the payslips ( you need three months of payslips I believe)

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Thanks!

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Hey guys, so I'm currently sat in court! The judgement has just been set aside and the judge advised us to go speak to each other to try and reach an agreement. She offered to drop the money from £900+ to £450. I said the only thing I think I should pay for is cleaning of carpets - £130 as that's in tenancy agreement

She admitted in a letter to the judge that the carpets were fitted in 2009, one before that from the previous occupier but yet still believes I should pay full cost

Were now waiting to see if the judge can get time to read our case in more detail to end it today or to set another court case

Any advice appreciated x

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

Just a suggestion

Offer £ 200, paid 20 per month, The ll is probably not wanting to sitr around court all day. under the condition that the ccj is removed,

ask for the case to be suspended for 6 months, whilst you make the payment

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Hiya, the judge looked through the case and said we'd be looking at paying £450 back to her. We could agree or go to trial and possibly pay more so I agreed to £450.

She wanted £50 a week but after the judge did a rough calculation based on my income etc he agreed with me that £15 was sufficient and was what she would get if court decided that anyway.

So I now have to pay £15 a month up to the cost of £450. Still feel I should pay less but it's over with now which is the main thing I wanted