Ex landlord given me CCJ

Nat1977

Hi,

I moved out of a house in 2011 with some rent owing. Landlord got this money back through the deposit protection scheme, but before it was repaid, they managed to land me with a CCJ. I stupidly didnt defend it as I thought with my money being held with the tenancy deposit scheme, this would pay it off and the judgement would be cancelled.

However, when I looked at my credit file, the CCJ is on there. I sent off proof and payment to the court that the money had been repaid through the tenancy deposit scheme within one month of the CCJ being issued asking for it to be cancelled, howwever, the courts have sent my payment back to me stating that the court has received confirmation from the claiment that the debt has not been paid!

Any advice on what to do? The landlord was a nightmare from start to finish of the tenancy, even changing the locks before the end of the tennancy! (but thats another story)

I just really need the CCJ removed from my file, as this is the only bad thing on there.

thelem

This would probably be better answered on the "dealing with debts and debt disputes" board

Fire_Fox

Nat1977 wrote: »

Hi,

I moved out of a house in 2011 with some rent owing. Landlord got this money back through the deposit protection scheme, but before it was repaid, they managed to land me with a CCJ. I stupidly didnt defend it as I thought with my money being held with the tenancy deposit scheme, this would pay it off and the judgement would be cancelled.

However, when I looked at my credit file, the CCJ is on there. I sent off proof and payment to the court that the money had been repaid through the tenancy deposit scheme within one month of the CCJ being issued asking for it to be cancelled, howwever, the courts have sent my payment back to me stating that the court has received confirmation from the claiment that the debt has not been paid!

Any advice on what to do? The landlord was a nightmare from start to finish of the tenancy, even changing the locks before the end of the tennancy! (but thats another story)

I just really need the CCJ removed from my file, as this is the only bad thing on there.

I thought tenancy deposit scheme was for damage not defaulted rent. How did they get the money back fro the TDS? Was there a claim for repairs, did you agree to release it or did they win at arbitration, why did they take you to court if they were getting your deposit repaid? Are you SURE you have not misunderstood this too?

Don't understand what payment you sent to the court? TBH not sure you can do anything, you can't apply for a set aside except in specific circumstances and you appear to have known about the case. Sorry but you should have defended the case or paid the debt via the courts at the time, or counter claimed for illegal eviction.

Nat1977

They claimed rent from the deposit scheme, along with cleaning and the changing of the locks! All of which I contested at the time, but the full amount was paid to the landlord. I wrote to the court when I received the court papers informing them that there was already a dispute ongoing regarding this money, but never received a response.

The money I sent to the court was the £15 for having the CCJ cancelled as the landlord recieved the money within one month of the CCJ being issued, which is what I am having problems with. the CCJ has been paid, i have the proof its been paid, but the landlord told the court it hasnt and the court wont cancel the CCJ.

Fire_Fox

From previous thread
"Tenant raises a dispute to TDS to recover deposit, meanwhile landlord makes a court claim for rent arrears up to the 24th. Court papers sent to wrong address so default judgement made, tenant makes application for a set aside and has a hearing date for next year.

TDS decide to award whole of deposit to landlord for cleaning, rent arears and gardening."
https://forums.moneysavingexpert.com/discussion/3534793

That could be why, you haven't paid the court costs which will have been part of the CCJ. Given the rent arrears appear to have been awarded prior to the court case I just don't understand why you didn't counter claim as suggested by G_M, put in a defence that the debt had already been settled via TDS (NOT the same as an ongoing dispute, that won't stop the case going ahead), or turn up on the court date with proof of payment. You appear to have abandoned that thread without reading half of it.

Never received a response? Was the paperwork received, do you have PROOF of delivery? Were you supposed to receive a response or expected to show up to defend the case? I wish I could tell you different but honestly I think you have shot yourself in the foot by not being much more on the ball with this.

Nat1977

The TDS awarded MORE than what the court claim was, so surely that would cover the court claim. I realise I have been stupid by effectively sticking my head in the sand, but was hoping I could now either get it cancelled, or at the very least have it show as settled?

The landlord is just being spiteful by telling the court it hasnt been paid, even though I sent in proof by way of a copy of the TDS adjudication.

Fire_Fox

None of this makes any sense.

TDS made the award in October 2011, court case was 2012 so the whole thing should have been paid in full/ settled prior to the court case, it should never have gone ahead. I don't understand why you then wrote to the court saying the amount was disputed instead of writing with proof that it was settled, you have not confirmed you have proof the court received your defence, I don't understand why you are saying the CCJ was settled within a month when the TDS had paid out long before that.

Doesn't the adjudication just say the award was made NOT that the amount has been paid in full? TDS did not make an award for legal costs for a case that had not even gone to court yet, they made an award for rent arrears, cleaning and gardening. Again I don't understand why you think this will cover a CCJ for rent arrears and legal costs. The two overlap they do not cover the same thing in full.

I don't see when you have paid the legal costs therefore the CCJ is not settled. What am I missing?

Nat1977

The landlord claimed the EXACT same things from TDS and the court, only the amound claimed differed. I didnt receive the TDS adjudication until AFTER the court papers. I never received ANY correspondance from the court after I wrote to them informing them of th TDS decision.

So in all intents and purposes ALL the money I owed to the landlord was paid through the TDS, no other money is owed, but because the payment didnt go through the court the CCJ still stands as the landlord has told them i still owe the money to be spiteful. Hope that makes it more clear.

Fire_Fox

Nat1977 wrote: »

The landlord claimed the EXACT same things from TDS and the court, only the amound claimed differed. I didnt receive the TDS adjudication until AFTER the court papers. I never received ANY correspondance from the court after I wrote to them informing them of th TDS decision.

The emboldened is very different to what you said earlier "I wrote to the court when I received the court papers informing them that there was already a dispute ongoing regarding this money, but never received a response."

Ongoing dispute, settled in full, very very different. Again do you have any proof of your defence being received by the court? Did you sent it recorded delivery and check it had been signed for? Or did you hand deliver and get a receipt? What happened to this?

Nat1977 wrote: »

So in all intents and purposes ALL the money I owed to the landlord was paid through the TDS, no other money is owed, but because the payment didnt go through the court the CCJ still stands as the landlord has told them i still owe the money to be spiteful. Hope that makes it more clear.

No sorry it doesn't, the timeline doesn't add up at all, unless I am being thick as pig poop. Correct me if I am wrong, in order of occurrence

1. TDS claim submitted by landlord, disputed by you
2. Small claims action taken out by landlord, paperwork received by you
3. TDS adjudication received, you lost
4. Thread started on MSE (October 2011)
5. Defence submitted by you, not clear what this said or if received
6. Court case goes ahead (2012), you lost
7. CCJ lodged.

Were legal costs awarded on the day in your absence? TDS will not cover the cost of application to the county court. To all intents and purposes is not how it works.