Deposit not returned - Judgment rejected??

Timewarp

Hi,

I'm new to the forums but wondered if anyone can help?

I live with 2 house mates and we've recently moved from another property that the 3 of us rented. The landlord wouldn't return our deposit since moving out so we applied to court to reclaim the money (using the government's MoneyClaim Online website).

After the claim was issued, the landlord didn't reply within the 14 day period so we asked the court to judge the case on default. We got a letter back saying our judgment was rejected for the following reason: A bar on judgment/enforcement is in place.

That's all it says. Does anyone know what this actually means? Is it specific to our case or does it apply to the court as a whole?

Confused!

Many thanks

Rob

clutton_2

i have no idea, but will be following this with interest. Call the court on monday and ask them is my suggestion.

noyk

I'd like to know too!

Timewarp

Thanks for the replies. The only thing I can think of is that after our claim was accepted, we got a letter asking for the titles of the defendants, otherwise the claim couldn't go ahead. Apparently this field is missing from the website.

I emailed them back with the defendants' titles - maybe they haven't added them into the claim? (even though they've had about 10 days to do this)

I'll call the CCBC (County Court Bulk Centre) on Monday for clarification and keep you updated.;)

lynzpower

me too never heard of this before?

Timewarp

I've rang the help desk. It's because the landlord had responded to the court, but the court hadn't told us yet.

They could have added a paragraph to the letter or website to explain things. How are people meant to understand that?

Timewarp

We still haven't got a copy of his defense. Does this happen after the case has been transferred to his local court?

clutton_2

this is the experience of my mate who is suing someone - hope it helps

""the court letter said : -

Your request for judgment in this claim has been rejected for the following reason: A bar on judgment/enforcement is in place - contact CCBC."""

Apparently, they couldn't issue a claim against this chap because he wasn't at the address given. So, I was told I had to contact moneyclaim and tell them that this was his last known address. This would allow them to issue the claim. This I did, but apparently didn't wait long enough (a standard 5 days) for the claim to be deemed 'issued'.

Until the claim is deemed issued, there is a bar on judgment/enforcement simply due to red tape.

So, now I have to go to https://www.hmcs.gov.uk and download form N225 to fill in and send to moneyclaim. Then, 5 days later I should be granted the judgment against him.

Timewarp

Update: We've now got his partial admission, including defence and also a cheque for that amount. It said in the forms that were sent through that as the names have been amended to add the defendants' titles, the link between Money Claim Online and the case had been broken. That could be the real reason for the "bar on judgment/enforcement is in place" message?

Oh well, onwards with the claim by rejecting their partial admission and pressing for the full amount back.

clutton_2

he is playing this clever - sending cheque for a lesser amount !! check with court officials what this actually means in terms of what happens if you do accept it, or if you dont accept it, and what happens if the judge rules that the amount to be given to you is less than what is already on offer ?

in higher courts, if you refuse an earlier lower offer, you may have to pay the others sides costs, but i dont know if the same applies to small Claims courts.

good luck

Timewarp

Hi. Thanks for your reply. There was a court order for him to pay the partial amount in the partial admittance forms, so we've cashed that cheque.

In our reply to the court we've put in a letter with the reply informing them that we've received the money owed so far but would like to proceed to claim the rest.