Court case

Dillip

Thank You every one for the comments and trying to Help. 

Information for some of the questions raised is as below:

claim was submitted on 02/04/2023 , Due to covid etc court ban on legal action

Dr  . .. .    was a tenant , Mr   .   .. .   was a guarantor.

House was NOT let as an HMO

Tenant vacated the property on 18th Oct 2020

Claim (exc legal cost + interest etc etc ) is for £1092.50

defendent asked for the stay etc due to mental health etc reasons

MCOL website , my log in case, states any party and apply to lift the case stay , as it is very difficult to contact MCOL helpline overt phone, eventually I was advised to submit N244 , I received an eamil from the court saying application is being retunred for non payment of fee £108 on dated 13th March 2024, paid fee on 18th

I hope these further details help to form a picture

Thanks

Dillip

Below text is copied from MCOL on line case page:

Request Judgment

The case is currently Stayed: Judgment function not available.

This claim has been automatically stayed pursuant to CPR 15.11 because:

• at least 6 months have expired since the end of the period for filing a defence
• no defendant has served or filed an admission or filed a defence or counterclaim
• no party has entered or applied for judgment
• no defendant has applied to strike out all or part of the claim form or particulars of claim

Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim.

GDB2222

You have rather messed this claim up. The claim was issued by the court in March 2023, and no defence was filed by the defendants. So, you should have asked for default judgement in April 2023, once the time limit for filing a defence had expired. 

Instead, you left it for a year, and the case is currently stayed. So, I assume that you recently applied for the stay to be lifted and for default judgement? However, as you haven't given any detail, I'm just guessing. It may be that, as all this time has elapsed, the court may decide just to strike out the claim, unfortunately. I don't think that COVID is a very convincing reason for failing to file paperwork online, I am afraid.

You can ask the court staff what the procedures are, and they can give you some help with that - for example, which form to use. 

GDB2222

I can see that a directions questionnaire was filed - was that filed by you?

'General sanctions order was made on 24/07/2023' - what did it say?

theartfullodger

You might confidently declare it wasn't rented as a HMO.

But being a HMO depends on how it is used, not on the paperwork.  How many people in how many families/ relationships please?

Artful: Landlord since 2000