Rented flat flooded with waste water

[atticus]

You seem to make your claim and the reasons for it clear.

[trover]

You seem to make your claim and the reasons for it clear.

Thank you. I will prepare the letter to be sent and prepare for MCOL in case the response is negative.

I will keep the thread updated.

[trover]

As expected, the defendant hasn’t replied. I have a question: OCMC only allow myself as the sole claimant. My mom and I were both the tenants. Can I still use OCMC and initiate the claim by myself (I have authorisation from my mom) or do I need to use MCOL? I’m more familiar with OCMC.

[Pezza54]

If you both suffered loss and expense and want to claim, you both need to be named as claimants on form N1 and will have to use the paper version

[trover]

If you both suffered loss and expense and want to claim, you both need to be named as claimants on form N1 and will have to use the paper version

Argh, will my mom also need to send a LBC in her name, or the one sent in my name will suffice?

Is there any difference in what I should include in N1 form vs OCMC?

To my understanding, they are the same, just that “Reason for claim” should be put in “Brief details of claim”; while the timeline, the basis I relied on, claim amount items, and my intention to claim interest should be included in the PoC, and there are lots of resources on the internet which I can learn from in regards to writing the PoC.

Am I missing anything else? Thank you.

[Pezza54]

A LBC is a legal requirement under CPR so your mother should send her own.
N1 is straight forward to complete. Two copies of the PoC can be enclosed with the claim form so the court can send a copy to the defendant. Or one copy filed and the other copy sent direct to the defendant by the claimant
The time for filing the directions questionnaire is different on the paper version
Later on in the process your mother will need to write a witness statement in her own words and attend the hearing

[trover]

A LBC is a legal requirement under CPR so your mother should send her own.
N1 is straight forward to complete. Two copies of the PoC can be enclosed with the claim form so the court can send a copy to the defendant. Or one copy filed and the other copy sent direct to the defendant by the claimant
The time for filing the directions questionnaire is different on the paper version
Later on in the process your mother will need to write a witness statement in her own words and attend the hearing

Thank you. I will get a LBC sent by my mom first.

Is that correct that I can use the same claim form by filling in both claimants details in accordance with paragraph 4.2 of the Practice Direction 7A?

Should I insert “Civil National Business Centre” instead of the name of my local county court on the top right hand corner on page 1 of the claim form? (Rule 5.1)

Apart from sending two copies of the claim form, do I need to include a cover letter to notify the court of my intention, if I wish the court to serve the claim form on my behalf? (Rule 6.4(3))

Will I need to include the response pack, or the court will include it when serving the sealed claim form to the defendant?

It seems to me that the direction questionnaire is to be submitted after the court serves the notice of proposed allocation.

Sorry for asking loads of questions, I’m unconfident about some of them.

[trover]

Fast forward to today, I have obtained a judgment in default, following the defendant’s non-action to the LBC and the claim form. I fully anticipate that they will continue to ignore the judgment, so I am looking for options to enforce the judgment.

As mentioned earlier, the landlord is a shell company. Upon checking on the companies house, their registered address is presumably an accountancy firm.

I know that there are three properties under the ltd company (checking from the companies house). However, as they are residential properties, county court bailiff would be a chocolate teapot.

I paid rent through their management company, so I have no access to the landlord’s bank details, render third party debt order infeasible.

I am therefore left with the only option of charging order. However, I am concerned I will lose even more money and I am unfamiliar with what to do.

I am also aware that I may wind up the ltd, but the debt is currently about £200 short of the threshold.

Any advice would be much appreciated.

[atticus]

Why not seek a charging order over the property? Or a third party debt order in respect of money the management company may owe this landlord?

I would leave winding up to a very last resort. Do you have any idea how much you would need to shell out in court fee and Official Receiver's deposit?

[Pezza54]

Form N349 for an Application for third party debt order

[trover]

Why not seek a charging order over the property?

I am not sure if it really helps pushing them to pay, they may not sell the properties anytime soon as they make money by renting them out — I may end up £110 (plus land registry fees) worse. Remortgaging may be affected though.

Or a third party debt order in respect of money the management company may owe this landlord?

The management company had changed more than a year ago. I do not know the current management company in charge.

I would leave winding up to a very last resort. Do you have any idea how much you would need to shell out in court fee and Official Receiver's deposit?

Yes it would cost way more than the debt itself, whilst it is not practically feasible, I have read that sending a statutory demand may be enough to make them pay up.

[trover]

Form N349 for an Application for third party debt order

The management company that I paid rent to is no longer in charge of the properties.

[atticus]

Charging order seems your best option, on what you have said.

[trover]

Charging order seems your best option, on what you have said.

Got it! I will start with obtaining the title register form LR.

For a three figures debt, is it wise to apply for charging order for all three properties? Asking this because of cost considerations, if there is no point of getting three, I would only need to pay for one title register instead of three!

[atticus]

Find one that does not seem to be heavily charged. Start by looking at the charges register on the Companies House file for this company.