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Hi,
I took a small claims action using MCOL against my landlady, she failed to return my deposit, and I had to have the carpets cleaned when I moved in as they had cat faeces on them (she had said she would do this and didn't).
She didn't answer the claim and a default judgement was entered, I then passed the claim to high court enforcement officers who attended the house.
the Landlady then applied to the court to have the judgement set aside on the basis that:
a: she didn't get the original notification
b: she had paid the deposit back in two payments
c: I hadn't contacted her for the deposit back
I wrote a letter to the court with evidence showing, that at the time she submitted the application to set aside, she had not paid the deposit back, and that at the time of my writing the reply to the court, she had only paid back £250, I also sent copies of text messages to the landlady asking for the deposit, and replies from her saying I would definitely get it. With regards to the original notification, I commented that as she owned the house and visited it at least twice per week, that the notice of court proceedings was correctly issued.
I have received a letter from the court today to say they have found in her favour and set aside the judgement, on the basis that the deposit is now paid. I now have to pay another £80 to claim £90, and if I don't, I have to pay her costs.
I really don't understand how the district judge could have set aside a judgement on the basis he did, she did not pay the deposit within the 30 days of initial judgment. the actual reason for set aside was pursuant to CPR 13.2, which doesn't apply.
Apart from the fact I'm mega hacked off, I don't know what to do next. HCE will now charge me for not being able to get their costs from her, and if I don't pay the £80 fee and spend £500 getting to the court, I will be liable for whatever her costs are. What the hell has happened to the legal system in this country.
Any advice welcome
Thanks
Bobby
I took a small claims action using MCOL against my landlady, she failed to return my deposit, and I had to have the carpets cleaned when I moved in as they had cat faeces on them (she had said she would do this and didn't).
She didn't answer the claim and a default judgement was entered, I then passed the claim to high court enforcement officers who attended the house.
the Landlady then applied to the court to have the judgement set aside on the basis that:
a: she didn't get the original notification
b: she had paid the deposit back in two payments
c: I hadn't contacted her for the deposit back
I wrote a letter to the court with evidence showing, that at the time she submitted the application to set aside, she had not paid the deposit back, and that at the time of my writing the reply to the court, she had only paid back £250, I also sent copies of text messages to the landlady asking for the deposit, and replies from her saying I would definitely get it. With regards to the original notification, I commented that as she owned the house and visited it at least twice per week, that the notice of court proceedings was correctly issued.
I have received a letter from the court today to say they have found in her favour and set aside the judgement, on the basis that the deposit is now paid. I now have to pay another £80 to claim £90, and if I don't, I have to pay her costs.
I really don't understand how the district judge could have set aside a judgement on the basis he did, she did not pay the deposit within the 30 days of initial judgment. the actual reason for set aside was pursuant to CPR 13.2, which doesn't apply.
Apart from the fact I'm mega hacked off, I don't know what to do next. HCE will now charge me for not being able to get their costs from her, and if I don't pay the £80 fee and spend £500 getting to the court, I will be liable for whatever her costs are. What the hell has happened to the legal system in this country.
Any advice welcome
Thanks
Bobby
