How much hassle is MCOL in reality?
Discussion
IJWS15 said:
This is different to a claim against an individual
And a lot harder to get your money back from an individual, I won in court against a one man band builder, was owed £800, eventually had to upgrade at my cost to the Sheriffs Office also had to pay someone to find the builders new address, bailiffs went round many times but he just refused to answer the door, eventually bailiffs gave up.gobuddygo said:
IJWS15 said:
This is different to a claim against an individual
And a lot harder to get your money back from an individual, I won in court against a one man band builder, was owed £800, eventually had to upgrade at my cost to the Sheriffs Office also had to pay someone to find the builders new address, bailiffs went round many times but he just refused to answer the door, eventually bailiffs gave up.Durzel said:
gobuddygo said:
IJWS15 said:
This is different to a claim against an individual
And a lot harder to get your money back from an individual, I won in court against a one man band builder, was owed £800, eventually had to upgrade at my cost to the Sheriffs Office also had to pay someone to find the builders new address, bailiffs went round many times but he just refused to answer the door, eventually bailiffs gave up.https://www.thesheriffsoffice.com/services/high-co...
Mediation is happening next week, all done over the phone. A two hour time slot has been booked and I just talk direct to the mediator, no contact with the other party, it's not a conference call.
Will be interesting to see how it goes. Given their previous way of handling it I'll be surprised if they actually turn up and even more surprised if they make anything more than the most derisory offer.
If mediation fails, nothing said during mediation can be raised in court which I guess is a good system, then what someone was or wasn't prepared to do in mediation doesn't become a factor in court.
https://www.gov.uk/guidance/small-claims-mediation...
Apparently current lead time for a small claims court date is six to nine months........... No skin off my nose, I can wait and interest is accruing on the claim anyway.
We have just had to correct some more relatively minor issues/fallout from the original screwup. <sigh>
Will be interesting to see how it goes. Given their previous way of handling it I'll be surprised if they actually turn up and even more surprised if they make anything more than the most derisory offer.
If mediation fails, nothing said during mediation can be raised in court which I guess is a good system, then what someone was or wasn't prepared to do in mediation doesn't become a factor in court.
https://www.gov.uk/guidance/small-claims-mediation...
Apparently current lead time for a small claims court date is six to nine months........... No skin off my nose, I can wait and interest is accruing on the claim anyway.
We have just had to correct some more relatively minor issues/fallout from the original screwup. <sigh>
Edited by anonymous-user on Friday 26th November 17:28
I think we may issue a flurry of MCOLs in the coming weeks. A number of our residential tenants were happy to allow us to support them during the pandemic, only then to do a runner owing thousands when lockdowns ended.
Most were claiming Universal Credit to cover rent, but not passing it on.
I am not sure how much we will recover, but hopefully we can cause some inconvenience to those who choose not to pay up.
Mediation was a waste of time on one front, but very useful on another.
They made a couple of completely derisory offers. The mediation went nowhere.
However, I do now have a much better idea of what their defence is going to be, and it’s all easily disproved by the evidence that I have.
I honestly can’t work out if they’re playing a stupid game and betting I won’t take it all the way, or if they genuinely think they’re in the right. It doesn’t really matter, it’s nothing personal, I just can’t understand how they are playing this. Maybe I’m legally completely wrong and it will come to nothing.
On to court……..
They made a couple of completely derisory offers. The mediation went nowhere.
However, I do now have a much better idea of what their defence is going to be, and it’s all easily disproved by the evidence that I have.
I honestly can’t work out if they’re playing a stupid game and betting I won’t take it all the way, or if they genuinely think they’re in the right. It doesn’t really matter, it’s nothing personal, I just can’t understand how they are playing this. Maybe I’m legally completely wrong and it will come to nothing.
On to court……..
Court date is imminent.
I have got their evidence package though and it is, in my opinion anyway, a joke.
Cherry picking isolated pieces of text from a contract when if you read the entire clause it doesn’t say what they claim it does. Referring to my conduct in mediation, when I understood that nothing from the mediation process could be used in court. Still not addressing the core point of my claim.
Ah well, it will be interesting if nothing else.
Definitely not assuming a positive outcome, what will be will be, if I’m wrong in the eyes of the court I’ll take it as a learning experience.
I have got their evidence package though and it is, in my opinion anyway, a joke.
Cherry picking isolated pieces of text from a contract when if you read the entire clause it doesn’t say what they claim it does. Referring to my conduct in mediation, when I understood that nothing from the mediation process could be used in court. Still not addressing the core point of my claim.
Ah well, it will be interesting if nothing else.
Definitely not assuming a positive outcome, what will be will be, if I’m wrong in the eyes of the court I’ll take it as a learning experience.
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