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Appeal against CCJ from tennant
Comments
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Also cofusing as towhether she was a 'tennant', a 'tenant', or something else (eg airBb host).Seems clear to me she was a tenant, but not a 'Assured Shorthold Tenant' with Housing Act protection, since she did no tlive there.Makes little difference to the contractual arrangement or what rent was owed, or what damages could be claimed.Though given the confused wording above, the OP may well have shot themselves in the foot by being equally confusing in any court submissions made.....2
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In court processes, it is really important to be very precise as to what documents were involved.
You must have missed something important if a CCJ has been issued without a hearing. Did you file a Defence to the claim in time? Did you file a directions questionnaire when you were asked?
You cannot "appeal", but it might be that you could ask the court to "set aside" the CCJ - if this was a CCJ issued in default because you filed to do comply with the court's process. There is a £255 fee to apply for this so it may not be worth it. Furthermore, there are time limits, so we need to know exactly when this CCJ was issued.
In order for people to help you, we really need a clear item-by-item breakdown of exactly what happened with the court proceedings, and when. This would be something like:
- Claim form and Particulars of Claim - Filed by the claimant on X date.
- Defence - Filed by the defendant on X date.
- Directions questionnaire- Filed by the claimant and defendant on X date.
- Mediation - Attended by both parties on X date.
- CCJ - Issued on X date.1 -
Thank you for all your comments, it is sometimes really good to have an alternative view. I am going to go through all the paperwork I have filed for dates etc, but I have no idea what a directions questionnaire is, I have never been asked for one or seen one, and I have been following this closely not wanting to get a CCJ. Really appreciate your input.0
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You may well have been, you just might not recognise what it was - its just a form https://www.gov.uk/government/publications/form-n181-directions-questionnaire-fast-track-and-multi-
track#:~:text=The%20form%20sent%20to%20claimants,both%20parties%20('directions').
If you haven't already (I'm sure you have) try doing some googling. I found this for example https://www.nationaldebtline.org/fact-sheet-library/defending-a-ccj-ew/0 -
Folks
In response to your very good questions I have revisited all the documentation, and although I feel morally correct in a process I feel I had made the original offer which is what the judge is referring to. I don't beleive the due process was followed correctly but and tempted to make the payment via cheque. I do not have bank details and the claimant will not respond to my email or text. I would appreciate your thoughts should I ever be in the same situation again. Never before, never again.
Details
Claim form and Particulars of Claim - Filed by the claimant on X date.
31/3/2020 Claimed Coronavirus had caused her to lose her job and she was unable to pay rent. Claimant requested the rest of the rent repaid plus costs i.e. parking permits, travel cost
- Defence - Filed by the defendant on X date.
31/4/2020 I did find another tenant but did not check the state of the property prior,and therefore wished to deduct the cost of the painting from rebate. Made an offer which was refused.
- Directions questionnaire- Filed by the claimant and defendant on X date.
Completed 3.6.2020
11.8.2020 Transfer of proceeding to Peterborough.
- Mediation - Attended by both parties on X date.
27.07.2020 Not attended by claimant, told they were sick. Prior to mediation asked to reduce amount to £600.00 told via telephone this was OK.
- CCJ - Issued on X date.
30.11.2020
Judgement for claimant, Upon the claimant failing to respond to court on 24.08.2020 and 6.10.2020 and numerous documented extensions to those dates.
Thank you for your help/input. I am learning all the time.
Techra
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There's a lot of waffle which has little reference to the fact that you had some workwork repainted to the original colour and attempted to charge the ex tenant a considerable sum for this (subsequently offered to reduce). The court is going to consider the facts and disregard the hearsay.0
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