Ive been issued a County Court Claim, help?

[Hoppy2008]

Hi.

Long story short(ish):

I had 4 students in one of my houses back in 2006/07.
They were friends but all fell out, and wanted early termination of the AST.
In the end we agreed that we could terminate, but I would withold some or all of the deposit money for any breach of contract and costs to advertise & find new tenants, clean the house etc.
The costs outweighed their deposit so I informed them they were not getting anything - in fact they owed me some money, but I said we'd call it quits. # seemed to accept this, one kept phoning, texting me etc for his money.
It all went quiet, but today I received a County court claim form through the MONEY CLAIM ONLINE.
I have read it quickly and it seems even if I wanted to pay the money to him to get him off my back, I will have a CCJ against my name?!! WTF?
Does anyone have any advice how I walk away form this without a credit dent? If I fight it, is the court likely to side with the tenant, or the Landlord (me)?

Cheers

Hoppy

[plasticpig]

You wont have a CCJ on your credit file if you pay within 28 days after a ruling against you.

[Elskeggso]

But surely an early termination is a breach of contract, therefore they aren't entitled to get their deposit back, so how can they be allowed to claim? I'm confused

Edited by Elskeggso on Saturday 13th December 10:46

[Hoppy2008]

plasticpig said:

You wont have a CCJ on your credit file if you pay within 28 days after a ruling against you.

Oh. I must have misread that bit. Thanks Plastic.
So, should I just pay? It seems any fecker can hold you over a barrel?
What are my chances of fighting and winning?

[Hoppy2008]

Elskeggso said:

But surely an early termination is a breach of contract, therefore they aren't entitled to get their deposit back?

Yep. Thing is, they were holding back rent payment til soemthing was sorted.
So we all signed a set of conditions that I wrote. One condition said: Any part rent owed, or any deposits payable will be paid back, less any expenses due to damage or breach of contract.

[Deva Link]

Send your story as in the OP back to MoneyClaimOnline as a defence.

[Hoppy2008]

Deva Link said:

Send your story as in the OP back to MoneyClaimOnline as a defence.

Cheers Deva Link.

I think thats what Im gonna do. Otherwise Im just rolling over and letting myself be raped!
My only concern is that if the tenant wins, I'll get my credit rating stuffed up??

Hoppy

[ruggles]

I recently had a county court summons and my reaction was initially one of panic. I, like you, assumed this would adversely affect my credit rating etc, obviously not something you would want to be facing particularly in this climate. A CCJ would only be made against you if you fail to comply with a court order. I would fight it if you feel you have a reasonable case. Take the money with you and you can pay them there and then if you lose.

[JDH1]

Hoppy2008 said:

Hi.

Long story short(ish):

I had 4 students in one of my houses back in 2006/07.
They were friends but all fell out, and wanted early termination of the AST.
In the end we agreed that we could terminate, but I would withold some or all of the deposit money for any breach of contract and costs to advertise & find new tenants, clean the house etc.
The costs outweighed their deposit so I informed them they were not getting anything - in fact they owed me some money, but I said we'd call it quits. # seemed to accept this, one kept phoning, texting me etc for his money.
It all went quiet, but today I received a County court claim form through the MONEY CLAIM ONLINE.
I have read it quickly and it seems even if I wanted to pay the money to him to get him off my back, I will have a CCJ against my name?!! WTF?
Does anyone have any advice how I walk away form this without a credit dent? If I fight it, is the court likely to side with the tenant, or the Landlord (me)?

Cheers

Hoppy

Just put in a defence. Chances are, it's a try on by a set of opportunistic legal professions failures, and they'll fold. If they don't, go to court. Nothing to fear. I'd personally counterclaim for the money THEY owe YOU.

[Deva Link]

Hoppy2008 said:

Deva Link said:

Send your story as in the OP back to MoneyClaimOnline as a defence.

Cheers Deva Link.

I think thats what Im gonna do. Otherwise Im just rolling over and letting myself be raped!
My only concern is that if the tenant wins, I'll get my credit rating stuffed up??

Hoppy

I've no idea of the numbers, but it's said that few people defend claims that's why it's an oft recommended course of action as the claimant wins by default.

[plasticpig]

Hoppy2008 said:

plasticpig said:

You wont have a CCJ on your credit file if you pay within 28 days after a ruling against you.

Oh. I must have misread that bit. Thanks Plastic.
So, should I just pay? It seems any fecker can hold you over a barrel?
What are my chances of fighting and winning?

I wouldnt. I would fight it. First thing is to get it switched to your local court if it isnt already. Then you need to submit your defence. If they broke an AST I dont believe they are entitled to their deposit back. It sounds like you treated them very fairly. Just go to court and tell the truth and make sure you are very consistent in your answers to questions from the judge.

[JDH1]

Hoppy2008 said:

Hi.

Long story short(ish):

I had 4 students in one of my houses back in 2006/07.
They were friends but all fell out, and wanted early termination of the AST.
In the end we agreed that we could terminate, but I would withold some or all of the deposit money for any breach of contract and costs to advertise & find new tenants, clean the house etc.
The costs outweighed their deposit so I informed them they were not getting anything - in fact they owed me some money, but I said we'd call it quits. # seemed to accept this, one kept phoning, texting me etc for his money.
It all went quiet, but today I received a County court claim form through the MONEY CLAIM ONLINE.
I have read it quickly and it seems even if I wanted to pay the money to him to get him off my back, I will have a CCJ against my name?!! WTF?
Does anyone have any advice how I walk away form this without a credit dent? If I fight it, is the court likely to side with the tenant, or the Landlord (me)?

Cheers

Hoppy

One more thing, did the one who's complaining sign the original ast? This may be important.

[Hoppy2008]

Yes, all 4 students signed the list.

Can I just make clear that this letter came from MONEY CLAIM ONLINE.
Does this mean that I would still have to actually attend court, or is it all done online?

Thanks all for your replies,

Hoppy

[plasticpig]

Hoppy2008 said:

Yes, all 4 students signed the list.

Can I just make clear that this letter came from MONEY CLAIM ONLINE.
Does this mean that I would still have to actually attend court, or is it all done online?

Thanks all for your replies,

Hoppy

Yes you do need to attend court.

[Hoppy2008]

plasticpig said:

Hoppy2008 said:

Yes, all 4 students signed the list.

Can I just make clear that this letter came from MONEY CLAIM ONLINE.
Does this mean that I would still have to actually attend court, or is it all done online?

Thanks all for your replies,

Hoppy

Yes you do need to attend court.

Cheers Guys.

Ill fight it.
Looks like i need to reply online.
Thanks for all yoru help,

Hoppy

[V12Les]

Dont let it scare you, i do this to customers if they try it on. If you done things above board you'll be fine, there's a good chance once he sees your gonna fight it he wont even turn up. Fast Track usuall has the panic effect on people and they pay up.

[Toni896]

Hoppy2008 said:

Yes, all 4 students signed the list.

Can I just make clear that this letter came from MONEY CLAIM ONLINE.
Does this mean that I would still have to actually attend court, or is it all done online?

Thanks all for your replies,

Hoppy

You submit your defence, whoever issued the claim then needs to decide if they want to take it to a hearing ..

[hornetrider]

JDH1 said:

Hoppy2008 said:

Hi.

Long story short(ish):

I had 4 students in one of my houses back in 2006/07.
They were friends but all fell out, and wanted early termination of the AST.
In the end we agreed that we could terminate, but I would withold some or all of the deposit money for any breach of contract and costs to advertise & find new tenants, clean the house etc.
The costs outweighed their deposit so I informed them they were not getting anything - in fact they owed me some money, but I said we'd call it quits. # seemed to accept this, one kept phoning, texting me etc for his money.
It all went quiet, but today I received a County court claim form through the MONEY CLAIM ONLINE.
I have read it quickly and it seems even if I wanted to pay the money to him to get him off my back, I will have a CCJ against my name?!! WTF?
Does anyone have any advice how I walk away form this without a credit dent? If I fight it, is the court likely to side with the tenant, or the Landlord (me)?

Cheers

Hoppy

Just put in a defence. Chances are, it's a try on by a set of opportunistic legal professions failures, and they'll fold. If they don't, go to court. Nothing to fear. I'd personally counterclaim for the money THEY owe YOU.

What he said. IF it goes to court (unlikely) then they'll probably find in your favour. IMO it's just skint students trying it on.

[Hoppy2008]

thanks again Chaps.

Certainly put my mind at rest.

Ill post updates as and when.

Cheers

Hoppy

[Alex97]

File a defence and if they owe you money then put in a Counterclaim. If what you have said is correct then i can't see there being any problems and you shouldn't have anything to worry about.