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small claims court

mairsy07 Avatar
banned6y, 7m agoPosted 6 years, 7 months ago
hey! So i took my landlady to court because of the deposit she owes me, it has been 14days today and i havnt had a response from her yet. Will she reply straight to the courts and they get back to me after the 14 days have passed? Thanks peeps
mairsy07 Avatar
banned6y, 7m agoPosted 6 years, 7 months ago
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#1
Going through the same thing myself (on here!)
Its Sunday today so you are unlikely to receive anything today, the 14 days is from when she actually receives her letter.
You will be notified either way by your small claims peeps.
You can also track the progress online
banned#2
skusey
Going through the same thing myself (on here!)
Its Sunday today so you are unlikely to receive anything today, the 14 days is from when she actually receives her letter.
You will be notified either way by your small claims peeps.
You can also track the progress online

Yea because i thought it had been 14 days last week but then i noticed it said from the date she recieves the letter. I have checked online and it just says issued, could she just say she hasnt recieved the letter?
#3
mairsy07
Yea because i thought it had been 14 days last week but then i noticed it said from the date she recieves the letter. I have checked online and it just says issued, could she just say she hasnt recieved the letter?


Thats what I was thinking when they issued mine but I would assume that it would have been issued recorded, sounds as though you are using the same site as me.
Leave it until mid week then contact the site and ask whats happening:thumbsup:
#4
I have checked online and it just says issued, could she just say she hasnt recieved the letter?
She could try, but she would be in difficulty. Once a Claim Form/Particulars of Claim has been issued by the Court it is deemed served on a specific date thereafter. So there is something of an assumption in your favour. If she did claim that she'd never received it, she would have to come up with something to rebut that assumption (e.g. you put down the wrong address on the claim form). So generally speaking that excuse does not fly with the Court.

I would assume that it would have been issued recorded
They're not generally. The Court sends out documents by first class post.
banned#5
we will wait to next week to see if our site changes then :D knowing the lady i think she will say she hasnt recieved but like said below, hopefully the courts wont listen to that excuse. :D
#6
mairsy07
we will wait to next week to see if our site changes then :D knowing the lady i think she will say she hasnt recieved but like said below, hopefully the courts wont listen to that excuse. :D
To be fair, the Courts are often more inclined to give the benefit of the doubt with excuses when one or both parties are litigants in person. But if she does choose to go down the excuses route she won't be given much leeway in any event.
#7
To help with your problem, I sued DHL through the small claims court and everything I asked for was awarded to myself. However I had to pursue DHL with sheriff officers and bailiffs to get my money. A £25claim ended with a £184 payment from DHL, therefore do not expect your money quickly, be prepared to add another six weeks to your estimates.
banned#9
kk so its been 14 days and she has not replied to the court order...checked onlineand now it asked me to fill in a judgement form which i have done this morning, what does this mean? lol
#10
It means that she has not acknowledged the claim within 14 days, so you will obtain Judgment in Default against her (Civil Procedure Rule 12, if you having a burning desire to look into it further). This effectively means that you have won by default and she will now have to pay the money she owes you, in the absence of which you will be able to apply to enforce the judgment.

It is not necessarily the end of the matter, however. She can apply to set the judgment aside (Civil Procedure Rule 13, again if you want to look into that), for which she will either have to show reasonable prospects of successfully defending the claim, or some other good reason why the judgment should be set aside. She will also have to make such an application promptly.
banned#11
Crazy Jamie
It means that she has not acknowledged the claim within 14 days, so you will obtain Judgment in Default against her (Civil Procedure Rule 12, if you having a burning desire to look into it further). This effectively means that you have won by default and she will now have to pay the money she owes you, in the absence of which you will be able to apply to enforce the judgment.

It is not necessarily the end of the matter, however. She can apply to set the judgment aside (Civil Procedure Rule 13, again if you want to look into that), for which she will either have to show reasonable prospects of successfully defending the claim, or some other good reason why the judgment should be set aside. She will also have to make such an application promptly.


Cheers :thumbsup::thumbsup::thumbsup:
banned#12
ok so this morning i recieved a letter with the words on the court claim form "not known at this address" she has been sending letters from that address to me anyway and when i text her i get a response saying its not her. shes just being stupid now, will the courts sort this out? Thanks
banned#13
what you could do is do an electoral roll search, and a land registry search to prove she lives at that address, for evidence for the court.

Do you have her bank details? Or employment details?
If so, once the 28 days are up then you can apply for an attachment of earnings order or to freeze her bank account until paid, if you do either of those she will either pay or apply for a set aside. If she applies for the set aside, and yu can show she does live at the address then its very unlikely it will be granted.

When you say you recieved a letter was it the court who sent it to you?
banned#14
colinsunderland
what you could do is do an electoral roll search, and a land registry search to prove she lives at that address, for evidence for the court.

Do you have her bank details? Or employment details?
If so, once the 28 days are up then you can apply for an attachment of earnings order or to freeze her bank account until paid, if you do either of those she will either pay or apply for a set aside. If she applies for the set aside, and yu can show she does live at the address then its very unlikely it will be granted.

When you say you recieved a letter was it the court who sent it to you?


lol am lost with that .... yea i recieved a unserved claim for because the address is wrong. All the letters she sent me was from that address, she is even sayin its not her mobile num aswell even though it is. I dont have her bank account details coz when i moved out i deleted the direct debit to her. Thanks for you help by the way.
#15
Contact your bank, they should still have the DD details listed against your account, or look on your statements, her account details maybe on there.

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