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How to stop a false claim and CCJ
DeltaJim
Posts: 4 Newbie
Hi all and thanks in advance for any suggestions!
I have received a claim from a landlord who thinks I owe rent on a property I no longer use. There was no Tenancy documents signed but an early draft and I was paying rent in advance on invoice. We fell out and he locked me out and my belongings in claiming I was illegally in his property.... long story short I got my stuff back, he had his keys his solicitor told me I was free to leave as there was no official tenancy and I was paid up front.....
He changed his mind. He now claims that I should not have left and that I should continue paying rent until the end of the year! I refused and now he has started proceedings against me.
I owe him about £200 on the electric, I disputed the amount because the meter reads communal areas as well as where I was but he never clarified and so it remained unpaid. He is claiming over £6000 but will accept £3000 odd according the form I received.
What worries me is how someone can make a claim like this with no evidence or even correct facts, the details are all wrong and I have proof of it all but how can I block a CCJ if he somehow wins, I understand there is a way to remove the option somehow? And do I offer a partial settlement of just the electric or should I dispute the whole lot? I cannot afford a solicitor and only have a week left to deal with it. Our citizens advice locally are always strained and so I thought I would try here as it seems there has been some great advice previously I have been reading through.... Thanks!
I have received a claim from a landlord who thinks I owe rent on a property I no longer use. There was no Tenancy documents signed but an early draft and I was paying rent in advance on invoice. We fell out and he locked me out and my belongings in claiming I was illegally in his property.... long story short I got my stuff back, he had his keys his solicitor told me I was free to leave as there was no official tenancy and I was paid up front.....
He changed his mind. He now claims that I should not have left and that I should continue paying rent until the end of the year! I refused and now he has started proceedings against me.
I owe him about £200 on the electric, I disputed the amount because the meter reads communal areas as well as where I was but he never clarified and so it remained unpaid. He is claiming over £6000 but will accept £3000 odd according the form I received.
What worries me is how someone can make a claim like this with no evidence or even correct facts, the details are all wrong and I have proof of it all but how can I block a CCJ if he somehow wins, I understand there is a way to remove the option somehow? And do I offer a partial settlement of just the electric or should I dispute the whole lot? I cannot afford a solicitor and only have a week left to deal with it. Our citizens advice locally are always strained and so I thought I would try here as it seems there has been some great advice previously I have been reading through.... Thanks!
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Comments
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you would be better to post this on 'The House Buying, Renting and Selling' - they are very knowledgeable about all things rental.
This should be the link http://forums.moneysavingexpert.com/forumdisplay.php?f=16
I hope you get an answer to help you.I’m a Forum Ambassador and I support the Forum Team on the Budgeting & Bank Accounts, Credit Cards, Credit File & Ratings and Energy boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
You don't have to be the best -
Just be better than you were yesterday.0 -
Anyone can make a claim against you for anything at all, actually taking it all the way to court and then winning is a different matter.
To get a CCJ he has to take you to court and then win, AND then you fail to pay it.
Dont ignore court paperwork.Censorship Reigns Supreme in Troll City...0 -
You cannot prevent spurious claims but you can defend them - and must do so if you do not want the landlord to win by default. If what you say is correct then he will have no case when (if) its gets to court.0
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forgotmyname wrote: »Anyone can make a claim against you for anything at all, actually taking it all the way to court and then winning is a different matter.
To get a CCJ he has to take you to court and then win, AND then you fail to pay it.
Dont ignore court paperwork.
Since the hearing is a week from now, the OP has already ignored it-it's rather late to start assembling a credible defence now. Having said that, the LL's case may be totally spurious anyway.
You can't 'block' a CCJ: but if he wins he still has to enforce it.No free lunch, and no free laptop
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