MCOL (Money Claim On Line) OR CCMC (County Court Money Claims Centre at Salford)

[wottheeck]

Rented flat, landlord took months to stop a leak coming through ceiling. Drips came from leaking pipes in the building not in another tenant's flat. Landlord eventually stopped the drips but my decor and belonging were damaged.

I want to claim the money to re decorate and replace damaged items.

Yes, it's a claim for money but claim will be for an unspecified amount eg not more than £3000.

Which route should I take MCOL or CCMC. It's going to be expensive to do and I don't want to risk loss of fee by taking the wrong route.

Can anybody help please

[Sessie]

Re: MCOL (Money Claim On Line) OR CCMC (County Court Money Claims Centre at Salford

Hi there

Sorry to hear about your damage

Have you spoken to Landlord directly about the damage? Or are you considering going straight for a claim?
What type of tenancy do you have (ast ? etc and term?)

[charitynjw]

Re: MCOL (Money Claim On Line) OR CCMC (County Court Money Claims Centre at Salford

Rented flat, landlord took months to stop a leak coming through ceiling. Drips came from leaking pipes in the building not in another tenant's flat. Landlord eventually stopped the drips but my decor and belonging were damaged.

I want to claim the money to re decorate and replace damaged items.

Yes, it's a claim for money but claim will be for an unspecified amount eg not more than £3000.

Which route should I take MCOL or CCMC. It's going to be expensive to do and I don't want to risk loss of fee by taking the wrong route.

Can anybody help please

Hi there

Sorry to hear about your damage

Have you spoken to Landlord directly about the damage? Or are you considering going straight for a claim?
What type of tenancy do you have (ast ? etc and term?)

The court will expect you to, in the first instance, deal with the LL directly, or through a mediation service.
Is there anything in the contract re disputes?
Court should be the last resort (ie when all else fails).
Btw, if the damage is substantial, you might consider getting an independent assessment of losses to support your claim.

[Amethyst]

Re: MCOL (Money Claim On Line) OR CCMC (County Court Money Claims Centre at Salford

Do you have any contents insurance?

Was landlord aware of the damage the pipes were causing in your flat - and did you take action to prevent damage ( eg moving furnishings away from affected area - putting a bucket down etc - basic stuff )

An unspecified amount won't really cut it - work out how much it will cost to replace the damaged furnishings and redecorate the damaged wall/ceiling to bring you back the position you were in before the leak. Then speak to the landlord, your insurers (if any) and be ready to negotiate.

[Sessie]

Re: MCOL (Money Claim On Line) OR CCMC (County Court Money Claims Centre at Salford

Hello Whattheeck

Really take into considersation what both Charitynjw and Amethyst are saying - they know their stuff and have been my backbone through a case I'm going through right now. If you havent spoken to your LL/Agent already, do so because Im going through a small claims myself, I did however attempt to sort it out with LL and opt for mediation, in my case the LL was not forthcoming and it has ended up going to a hearing. It's a long process, it's very hard and I wouldnt want to go through it again. In my case it is not possible due to the circumstances to now approach LL at this point to try and resolve to avoid court, but I do wish he would as I dont want to go.

I dont know law well enough to advise you like the others, but in my laymans terms and being a person actually going through the court system right now - my advice is approach LL and try and sort out prior to court because once it starts no matter what side youre on, it's messy and it's best avoided ... and costly (although, as I said, I dont know the law like the others, so try and sort out beforehand but also if the LL has done something against the law or not in line with is legal duties then of course you have to take the correct course, but speak to him/her first). The court will look at your case and it is expected to be seen that you have tried to resolve and court is last option. It will also be taken into consideration should it reach court that you did try all avenues to resolve beforehand. Keep all emails, letters, messages, all documents to show you tried and I would always opt for mediation.

* I havent a clue about insurance areas, so look into what Amethyst has said because they are a mind of knowledge - both are !
Take the advice of others and try and resolve