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  • FIRST POST
    • Flyveryhigh-
    • By Flyveryhigh- 8th Jan 18, 3:33 AM
    • 11Posts
    • 1Thanks
    Flyveryhigh-
    MCOL (Small claims) - HELP
    • #1
    • 8th Jan 18, 3:33 AM
    MCOL (Small claims) - HELP 8th Jan 18 at 3:33 AM
    Hi all. I submitted a claim using MCOL on Thursday morning for the return of a deposit I gave to an ex landlord who is hoping the whole problem will just go away.

    The amount is £600 and I opted to add interest in bringing the claim up to £640ish. Including court costs the claim totals £704. I have looked over the Particulars of claim section and have made 2 mistakes - my fault.

    Mistake 1 - I mentioned I sent a letter before action on 17/10/17 - but I should have written 17/11/17. Typo regarding the month.

    Mistake 2 - although I clicked the option to automatically include court fees in the claim (so it automatically added it on to the amount) - I forgot to put a sentence saying "I'm also claiming the court fees" in the POC section - however the total claim amount includes court fees.

    This ex landlord is the type to try and wiggle their way out of anything and I'm pretty sure they will pick up on those 2 rookie errors.

    Can anyone please advise me on what best to do, and whether my worry is actually justified? Should I send the claim?

    Thank you !!
Page 1
    • bowlhead99
    • By bowlhead99 8th Jan 18, 4:42 AM
    • 7,134 Posts
    • 12,952 Thanks
    bowlhead99
    • #2
    • 8th Jan 18, 4:42 AM
    • #2
    • 8th Jan 18, 4:42 AM
    I submitted a claim using MCOL on Thursday morning
    Originally posted by Flyveryhigh-
    Should I send the claim?
    Not sure I follow. Did you submit/send the claim, or not?

    If you have not sent it, change it to use the correct facts. It does say in big red letters on their homepage that if you make an error upon issue of the claim, you will not be eligible for a refund of the court fee.

    How do you expect the landlord to respond? When your document says you gave him a letter before action on 10 October, he can quite factually say you didn't. However, he has still had a letter (in November) saying you would take him to court if he didn't resolve things to your satisfaction though, so he can't actually claim he was unaware that there would be proceedings against him. It seems like you should inform the court of this pertinent fact, to avoid confusion on a point of process.

    Per the MCOL homepage:
    The Money Claim Online Helpdesk can be contacted on 0300 123 1057 / 01604 619402. It does experience a high volume of calls so you may wish to consider emailing your query to ccbc@hmcts.gsi.gov.uk.
    When you contacted them about the omission / error in your submission, what did they suggest you do about it?

    I suppose it depends on whether you actually submitted the claim (your first sentence, where you say you submitted the claim) or whether you have not sent it yet (your last sentence, when you ask whether you should send the claim).
    • GrumpyDil
    • By GrumpyDil 8th Jan 18, 6:46 AM
    • 131 Posts
    • 86 Thanks
    GrumpyDil
    • #3
    • 8th Jan 18, 6:46 AM
    • #3
    • 8th Jan 18, 6:46 AM
    Just wondered but was the deposit protected as I'm wondering why you are using MCOL rather than one of the deposit protection schemes to get your deposit back?

    If it was protected has the landlord turned down arbitration and if not have you looked into the rules around non protection of deposit?
    • Flyveryhigh-
    • By Flyveryhigh- 8th Jan 18, 12:37 PM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    • #4
    • 8th Jan 18, 12:37 PM
    • #4
    • 8th Jan 18, 12:37 PM
    Apologies. I submitted the claim. What I was meant to say is "should I amend the claim". Autotype on my phone. Thank you!
    • Flyveryhigh-
    • By Flyveryhigh- 8th Jan 18, 12:42 PM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    • #5
    • 8th Jan 18, 12:42 PM
    • #5
    • 8th Jan 18, 12:42 PM
    When I contacted them they weren't all that helpful - just suggested if I wanted to make any changes I'd have to wait until they had fully processed the claim and at which point if I wanted to make any changes it would cost me £100.

    Unfortunately because I was classed as a lodger the landlord wasn't required to use a deposit protection scheme.

    I will give them another call today and report back. Thank you.
    • teneighty
    • By teneighty 8th Jan 18, 12:50 PM
    • 1,077 Posts
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    teneighty
    • #6
    • 8th Jan 18, 12:50 PM
    • #6
    • 8th Jan 18, 12:50 PM
    When I went through the Moneyclaim process I was pleasantly surprised that the hearing was relatively informal and the judge spotted a couple of minor errors and just amended them during the hearing.

    The defendant tried to be clever and thought he'd get the case thrown out but it just made him look stupid in front of the judge which probably didn't do him any favours as he lost.
    • Comms69
    • By Comms69 8th Jan 18, 1:04 PM
    • 1,828 Posts
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    Comms69
    • #7
    • 8th Jan 18, 1:04 PM
    • #7
    • 8th Jan 18, 1:04 PM
    Indeed, minor errors can be corrected even at the time of the hearing, however it's sensible to notify both defendant and court of the amends when submitting your bundle


    whilst a judge 'could' get funny about it, I doubt that would happen over minor chronological mistakes.
    • G_M
    • By G_M 8th Jan 18, 6:47 PM
    • 42,813 Posts
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    G_M
    • #8
    • 8th Jan 18, 6:47 PM
    • #8
    • 8th Jan 18, 6:47 PM
    I doubt either error will matter.

    If the LL uses these errors as part of his defense you can either correct them at that point, or simply do so when you are sitting round the table with the judge at the hearing. It's all very informal.
    • Flyveryhigh-
    • By Flyveryhigh- 9th Jan 18, 12:21 AM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    • #9
    • 9th Jan 18, 12:21 AM
    • #9
    • 9th Jan 18, 12:21 AM
    Many thanks for all of your responses! You've really made me feel at ease - the whole thing is very stressful.

    I called MCOL today just before they closed and the person on the phone advised just to wait it out and see what the LLs response is. I was just highly strung because I know the type of character of the LL and if theres any way to get out of something like this they'll try it.

    I will update on future progress. Claim was issued today.

    Thanks!
    • Flyveryhigh-
    • By Flyveryhigh- 12th Jan 18, 1:39 PM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    Hi all. Some advice needed please... again.

    So I have received a response from the landlord. Originally I was due my deposit back in March 2017 - I gave them ample opportunity to pay back but was mostly ignored, phone calls, texts etc. During the summer they told me they sent me a cheque which never arrived. I had been promised the money back several times but received nothing. In may i sent the first formal request, then in November I sent 2 letter before action (1 was not delivered because they missed the royal mail delivery and never collected, so I hand delivered one (took a video on my phone of delivery and had a witness).

    I received no response and further chased up via text. The landlord asked if they could pay me back £100 per month which I agreed to in November. I heard nothing and at the end of November I sent a further text saying I had heard nothing as per our agreement and I'd like the first installment by 1st December. They replied saying that they will pay the first installment 1st Jan, and then accused me of being aggressive/rude on my text and that they didn't like the fact I was sending the same text via Whatsapp and Text message (sending via whatsapp also because you can prove message has been delivered and read) - so they subsequently blocked me on whatsapp. They also said they has messaged me regarding the first installment date but i never received a message.

    After initiating the MCOL court action above, I received a message yesterday saying they had messaged me on 18th December saying they made a mistake and wouldn't be able to pay me until 31st Jan - and they forgot to but the "3" infront of the "1" in their original text...

    I never received the above message on 18th December and the landlord is saying... "... i hope we can resolve this amicably" and that they're "... not happy because we had an agreement" - which we did, first installment was due 1st Jan and they didn't pay. I have had nearly a year chasing it and have had enough.

    Effectively the landlord wants to keep the arrangement of installments in place. I'm wary of closing the court claim because i doubt the landlord will stick to it, plus there are now court fees to pay (original £60 MCOL fee).

    Can I still ask the landlord for the original deposit (£600) and fees (£60) at once to close the case, or if the payment plan is the only way they will pay, can I get this endorsed by the court to ensure they will stick to it?

    Many thanks for your advice in advance!
    • teneighty
    • By teneighty 12th Jan 18, 1:46 PM
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    teneighty
    The landlord can make the payment plus the court fees right up to the day of the hearing which will probably be months away. It is then up to you to notify the court and withdraw the claim.

    I would keep the claim going until you have the cash in your bank, they sound like a right slippery customer.
    • Comms69
    • By Comms69 12th Jan 18, 1:49 PM
    • 1,828 Posts
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    Comms69
    I would stop responding at this stage.


    Text, whatsapp (and recorded delivery) are all a big fat no as far as I'm concerned.
    • Flyveryhigh-
    • By Flyveryhigh- 12th Jan 18, 1:54 PM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    What do you mean? Have I done something wrong?
    • Comms69
    • By Comms69 12th Jan 18, 1:57 PM
    • 1,828 Posts
    • 1,657 Thanks
    Comms69
    What do you mean? Have I done something wrong?
    Originally posted by Flyveryhigh-


    text/ whatsapp. How can you prove that it was your landlord receiving and replying to the messages?


    The reason that everywhere (everywhere reliable anyway) says 'write' is because that's what you should do. Write to them, letter, 1st class stamp.


    recorded delivery as you found out is a waste of money.


    They've missed the payment date, you've been far too generous. It's full payment now, or court.
    • Flyveryhigh-
    • By Flyveryhigh- 12th Jan 18, 2:00 PM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    Ah okay! Thanks for your advice!
    • tom9980
    • By tom9980 12th Jan 18, 2:02 PM
    • 1,237 Posts
    • 3,708 Thanks
    tom9980
    Continue with the claim hes lying to you trying to kick the can down the road. He has gone back on his word more than once already so will think nothing of doing it again because you let him previously.

    The best thing about suing this kind of idiot is you know he has assets to pay.
    “In order to change, we must be sick and tired of being sick and tired.”
    • teneighty
    • By teneighty 12th Jan 18, 2:02 PM
    • 1,077 Posts
    • 769 Thanks
    teneighty
    You are perfectly entitled to continue to negotiate with the landlord to try and secure payment.

    However, far better to do it in a form where you can keep a copy and add it to your evidence pack if necessary. So letters (with proof of posting if they are rejecting signed for post) and email are good My successful claim was 90% printed emails, especially with replies which shows they received it.

    Not sure on the legal status of texts and whatsapp messages.
    • steampowered
    • By steampowered 12th Jan 18, 2:32 PM
    • 2,084 Posts
    • 1,961 Thanks
    steampowered
    Your claim is that the landlord owes you the deposit. That's it.

    I don't think the whatsapp/texts matters. The fact that you have been negotiating with the landlord about a payment arrangement isn't relevant.

    If you are owed money, the court will grant a CCJ. It is then up to the landlord to pay that CCJ. The landlord can apply to the court to set a payment arrangement if he wants - that's his problem.

    Just continue with a claim for the full amount.

    Don't bother amending your claim to include costs. The cost of amending the claim is greater than the costs you'd get back.
    • Flyveryhigh-
    • By Flyveryhigh- 12th Jan 18, 7:46 PM
    • 11 Posts
    • 1 Thanks
    Flyveryhigh-
    Thanks for all your advice. I have now sent the LL and email stating that in order to withdraw the claim I will need the full deposit including court fees and that at this time a payment plan is no longer an option. I stated that if they don't want to or cannot pay then the claim will be proceeded and worked with through the courts system.
    • cjdavies
    • By cjdavies 12th Jan 18, 7:59 PM
    • 2,990 Posts
    • 3,110 Thanks
    cjdavies
    This ex landlord is the type to try and wiggle their way out of anything
    Originally posted by Flyveryhigh-
    This is exactly what they are doing now, keep the case going they have had their chance.


    text/ whatsapp. How can you prove that it was your landlord receiving and replying to the messages?


    The reason that everywhere (everywhere reliable anyway) says 'write' is because that's what you should do. Write to them, letter, 1st class stamp.
    Originally posted by Comms69
    I have now sent the LL and email stating that in order to withdraw the claim I will need the full deposit including court fees and that at this time a payment plan is no longer an option. I stated that if they don't want to or cannot pay then the claim will be proceeded and worked with through the courts system.
    Originally posted by Flyveryhigh-
    So not writing then?
    Last edited by cjdavies; 12-01-2018 at 8:03 PM.
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