Request of judgement for small claims form

clutton_2

""Is there a statutory measure providing for compensation of three times the amount ?""

2004 Housing Act


AJM - you seem very confused re the whole process of how the small claims court works...

go to the court and collect, or go online, and read all the available leaflets as to how the court system works - then come back to us here with any specific questions...

dmg24

Thank you, I wasn't sure.

With regard to applying for judgment, you do just need to write a simple letter asking for a default judgment. Then you need to hope that she pays up ...

ajm410

''""Is there a statutory measure providing for compensation of three times the amount ?""

2004 Housing Act


AJM - you seem very confused re the whole process of how the small claims court works...''


I didn't ask the question. I know how much I'm entitled to, it is just that noone explained to me that I would have to contact the court again, I just assumed that having paid £108 in fees, they would take it from there. After chasing them up I have found that I need to request judgement and I would just like to know how to do that if anyone can tell me.

I'm sorry for the confusion caused but I've only just found this out and I have been rather annoyed about this all year now and am even more so at this point in time.

However, I am very greatful for any help with this.

penguin83

Hi ajm, there should be a tear off slip at the bottom of the notice of issue that should have been sent to you when your claim was first issued. Fill this in in full and send it into court.

In case you havent got one, here is a link to the form you need to complete.

ajm410

Thanks very much penguin83, there was no tear off slip at the bottom of my notice of issue.

In fact, having read the copy of the claim they sent me, there is not even a figure as to the amount I'm claimimg so I am unsure as to whether the defendant even knows how much I'm claiming for.

I shall fill out this form and hope for the best.

The form is asking me to detail how I would like the amount to be paid. Should I expect the whole amount? Like I said earlier I thought it might be best to request it in installments equal to (or just under) the amount in rent that I know she etill receives. Does anyone have any thoughts on this?

If it's not too much trouble penguin, would you be able to tell me what I can expect to happen from this point on, or advise me of anywhere I can find this out?

Thank you all once again,

SouthCoast

Advice from CAB on The Small Claims Court:

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

not_loaded

BASFORDLAD wrote: »

…After she has failed to reply you claim for "judgement by default"

This is correct.

It doesn’t matter whether you used Moneyclaim or not, and how it should be paid is the least of your problems at the moment.

You will need actual proof of the debt.
You may well not get everything you asked for, particularly if you’ve unreasonably inflated the claim.
You may have to attend a hearing to which she will of course be invited.
The court fee is added to her debt (ie: paid back to you) IF you win.
If you win, the award is pretty much unenforceable, so you have to hope she has good reason to keep her slate clean.

I hope you have some evidence of your earlier attempts to get your debt paid prior to the CC action, as that can also be considered at the hearing.

Because her costs can be charged to you if she wins, you really must be confident you ‘have a case’ if you proceed to a hearing. Being annoyed and out-of-pocket isn’t enough.

The CC documentation suggests that a hearing may not be needed, however, in my experience they always have a hearing.

This advice is only based on my experience of the CC. Both times I carefully prepared and both times won.

I wish you had checked your dates in your original post, as I’ve just had to rewrite half of this post. Hopefully your submission to the court was error free!

not_loaded

ajm410 wrote: »

…In fact, having read the copy of the claim they sent me, there is not even a figure as to the amount I'm claimimg so I am unsure as to whether the defendant even knows how much I'm claiming for.
I shall fill out this form and hope for the best.
The form is asking me to detail how I would like the amount to be paid. Should I expect the whole amount?…

Re-reading your recent posts, it appears you may actually have received judgement on this.

You say: “The form is asking me to detail how I would like the amount to be paid…”. What is the heading (or title) of this form you’ve received?

For payment, my option would always be for payment of the full amount immediately. Unfortunately she can always plead for ‘easy terms’ if she wants to.

I hope this helps!

clutton_2

ajm - i dont know how you expect us to help you if you are not willing to help yourself as well ... have you read all the leaflets and advice on the courts website yet ?

Getting a judgement is NOT the same as getting the money... if she does not pay when the courtr says she must (IF you win the case) then you will have to go back to the court, wiht more admin fees to pay, to get a warrant of execution to get her to pay up - and that in itself is a whole new ball game....

is she working ? employed - self-employed ? does she own some goods that a Bailiff could seize in order to sell ? Do you have her home address ?

its a lot more complex than you think which is why you must read up on the whole process first so that you have an understanding of how this process works...

Many many folks get a judgement - and then never ever get a penny... that is why i described the small claims court as a Game.... and right now - you dont know the rules......

ajm410

Thanks again,

I have evidence for everything. I made sure that all bases were covered before doing this. The claim form included:

Correspondence requesting the deposit;
Correspondence from her that it would be paid;
Letters from each of the deposit protection schemes saying that they had never heard of it;
Copy of the tenancy agreement;
Receipts of the deposit; and
Copies of 2 letters of action sent to the LL requesting it and threatening cout action.

I was advised by penguin83 on this thread to fill out an N225 form and hand this in to request judgement. On this form it asks me to detail how I would like the defendant to pay (if you recommend 'immediately' then I will go with that) and also 'the amount payable by the defendant' including : amount of claim as admitted (including interest at date of issue); interest since date of claim (if any); and court fees shown on claim.

Once again I apologise for my earlier errors and thank you all for your help.