Do i now have a CCJ?

Michasm

Dear all,
I moved out of a property owing a couple of months rent which i thought would have been covered by the deposit.
The landlord then decided that he was keeping the deposit for alleged damages and demanded the outstanding rent in addition.
To cut a long story short, i decided to fight the landlord at court and the case was heard last week in my absence as i was on holiday.I wrote to the court and said i was happy for it to go ahead and that they could use all of my previously submitted evidence.
I was extremely confident i would win as my deposit was never placed within a Tenancy Deposit scheme.Anyhow, i returned from holiday to find a letter from teh court informin me i lost the case.It is a general form of order or judgement and states:
it is ordered that there be judgement for the claimant for the sum of £XXXX plus costs of £175 to be paid by the defendant to the claimant within 28 days.
Does this form mean that i now have a CCJ?
Can i appeal and is it worth me doing so?
What the heck do i do seeing as i simply cannot afford to pay the amount requested?
Advice would be gratefully receieved as i am now in a state of panic.

Debt_Free_Chick

Michasm wrote: »

it is ordered that there be judgement for the claimant for the sum of £XXXX plus costs of £175 to be paid by the defendant to the claimant within 28 days.
Does this form mean that i now have a CCJ?

If you pay the full amount within the time stated, you will avoid a CCJ, but you may have to ask the Court to take your name off the CCJ register. If you don't pay within the specified time then, yes, you'll have a CCJ. More here

Can i appeal and is it worth me doing so?

Not really - what grounds do you think you have for an appeal?

In certain circumstances, you can apply to have the judgement set aside, but I can't see that you qualify for this. See here

What the heck do i do seeing as i simply cannot afford to pay the amount requested?

Did you not ask to pay by instalments? If not, you need to apply to the Court to have the judgement varied using form N245. More information here

bristol_pilot

If the defendant doesn't turn up at court there is a strong chance that they will lose. Not much you can do about it now, other than apply to pay in instalments.

Jowo_2

Michasm wrote: »

Dear all,
I moved out of a property owing a couple of months rent which i thought would have been covered by the deposit.
The landlord then decided that he was keeping the deposit for alleged damages and demanded the outstanding rent in addition.

Advice would be gratefully receieved as i am now in a state of panic.

Most deposits are equivalent to 4 - 6 weeks rent so I fail to see how it would have covered 2 months rent, plus, as in this case, it leaves nothing left for any deductions for damage.

I am surprised about the ruling regarding the unprotected deposit so assume it was due to one of the following reasons

1/ It wasn't required to be protected (i.e. paid before the rules came in).
2/ The landlord paid it into TDS before the court case
3/ You weren't the claimant in this case but the defendant and perhaps your claim isn't considered when it's a counter-claim.

Squish_21

I think it would hav helped if you turned up in court.

It could have crossed their minds that if you had enough money to go off on holiday instead of to the hearing then you could pay the rent you owed.

I'd get some installments set up if you can if not I guess loan is your only option.

tbs624

Thread readers may like to read Michasm's previous threads, as this has been simmering on since last year. My understanding is that he apparently misjudged when his mortgage payments would be made after purchasing a property, and then expected the LL to go without final rent. The damage to the LL's property seems to have been partly caused by his children tearing wallpaper etc, and then he left personal possessions behind at the LLs property as a form of partial repayment.

This is the second court hearing he has not attended, albeit for different reasons.

Sorry, OP but you say that you have a responsible job as a police officer - you seemed to be fully aware of the potential effect of a CCJ on your career and you must be used to dealing with paperwork in your professional life yet seem unwilling/unable to do so in your domestic life? In your situation, most people would have sought a postponement of the hearing or cancelled their holiday .

You have to pay the amount in full before 28 days has elapsed, as DFC says or apply to pay in instalments as Bristol-pilot says. Do you have any extended family members who could help you out financially or do you have any surplus personal possession that you could sell?

If you wanted to pursue your LL over non-registration of the tenancy deposit you needed to do so via an action instigated by you through the county court, whereas it sounds as though you have tried to do so via a counterclaim.

neas

What do you expect when you don't pay your dues and go on holiday when you are defending yourself in court. Shows a lack of responsbility.

And this is the angle the landlord would've worked while he was dressed smartyl and defended or spoken politley, hios evil horrible ex-tenant who has caused him much stress and financial difficulty couldn't even be bothered to turn up.

It kinda proves the case all in one.... tenant was lazy so and so who mulched on paying rent... tried to get out of paying last months rent while assuming deposit would cover it (yea right if no damage at all)...

So.. suck it up pay it up and start acting a bit more financially responsbile.

Jowo_2

tbs624 wrote: »

Thread readers may like to read Michasm's previous threads, as this has been simmering on since last year. My understanding is that he apparently misjudged when his mortgage payments would be made after purchasing a property, and then expected the LL to go without final rent. The damage to the LL's property seems to have been partly caused by his children tearing wallpaper etc, and then he left personal possessions behind at the LLs property as a form of partial repayment.

Payment of rent arrears via the gifting second hand possessions? That's novel. Did the landlord agreed to this?

Landlords tend to put the uncollected goods of tenants into storage for 90 days then bill the tenant for their removal and storage.

Fire_Fox

Michasm wrote: »

Anyhow, i returned from holiday to find a letter from teh court informin me i lost the case.It is a general form of order or judgement and states:
it is ordered that there be judgement for the claimant for the sum of £XXXX plus costs of £175 to be paid by the defendant to the claimant within 28 days.
Does this form mean that i now have a CCJ?
Can i appeal and is it worth me doing so?
What the heck do i do seeing as i simply cannot afford to pay the amount requested?
Advice would be gratefully receieved as i am now in a state of panic.

Of course you can't, you have a holiday to pay for after all. :rolleyes:

Michasm

Thanks for all of the replies.I failed to mention the so called Holiday was a family bereavement in Ireland.I only wanted to know if i could avoid the CCJ by agreeing to pay instalments.I didnt ask for all the personal attacks.Yes i know i have acted irresponsibly in my haste to grab the opportunity to purchase a home for my young family and i but i came on here for a bit of advice and support not to be attacked.

G_M

Tenants all too often assume that deposits can be used as rent. Deposits are there for a reason - and it is NOT so that tenants can do a runner owing rent and not have to worry themselves about the condition they leave a property in.