View Full Version : Can I mount a Money Claim Online on 2 of 4 tenants

05-11-2005, 14:25 PM

05-11-2005, 16:05 PM
That makes for heavy reading and it will certainly not qualify for the plain english award!!!!

All you need to do is set out the basic details:-

The claimant let 123 xyz steet etc. to the defendants Bertie Bloggins and Nora Dropknickers by a written agreement dated....
Rent money due to the claimant amounting to £.... has not been paid despite a formal demand made on (date)

Add the automatic interest clause on MCOL in order to claim interest from the date it was due to the date you write the summons out.

Any further details pleadings etc. can be entered into court as part of the exchange of documents if a defence is entered. If not, you get judgment automatically for the total claim in default (without all that spiel about who used which bit of toilet roll etc.!)

KISS (no, thats not an effeminate term - it means Keep It Simple Stupid !!!)

06-11-2005, 01:56 AM
Somewhat harsh towards someone attempting to help answer your query! Dont expect much more help if that is your attitude towards those who attempt to help!

06-11-2005, 09:21 AM
I'm sorry but I do not think he has been patronising or "showing off". Rightly or wrongly he attempted to answer your query. You should be grateful for people trying to help you, with nothing to gain for themselves, even if the advice was wrong. Luckily people like you are few and far between on these forums.

Last time I shall post on this thread, I would only be repeating myself if I did. I think I've made my point.

06-11-2005, 09:52 AM
That makes for heavy reading and it will certainly not qualify for the plain english award!!!!

OK then I will! This can be the only part you are complaining about, so generalising that the post is "patronising" based upon saying this is a bit much! And, to be fair, he is stating a fact....it really wouldnt!

If you are talking about his KISS comment, this is GOOD advice, certainly not patronising at all, as too many people forget to just try and keep everything as simple as possible!!

06-11-2005, 10:06 AM
My reply was intended to be a little tongue in cheek whilst offering sound advice based on personal experience of using MCOL.

As long as you put in your claim the amount you are claiming and brief details of what the claim is based on, you will not fall foul of any of the practice protocols - you are severely limited as to what you can put in the claims particulars section on MCOL. Where you will fall foul is if you claim say £100 at the outset, and then try to claim £200 when it gets to the hearing.

JohnCC, if you dont like my allegdly "patronising" attitude, then dont take my advice - set your claim out as you wish. You appear to me to be trying to pre-empt your defendants defence within the initial claim, and my personal view is that you will snow yourself down with such a complicated claim/defence/counterclaim/arguments right at the very beginning. By the time you get to a hearing if there is one, you will be expected to have got the issues down to one or two - but again, you will be snowed under by little inconsistencies between your claim and their defence.

I did not intend to convey you were stupid - far from it - KISS is a well known saying and I wanted to convey to you that keeping it simple was the ideal for the above reasons. I have no need to show off - I have been to county court many times mostly helping relatives to claim and of course to sue for unpaid rents myself. I have used MCOL since it came out for the initial money only claims.

Frankly JohnCC I found your posting personal remarks about me quite beneath contempt - you asked for help and you got it from me - because you didnt like the advice you decided to address the problem by dismissing it and covering your own ineptitude by rubbishing me - well - no problem - I am quite thick skinned - but I am not thick!

Look again at your original posting and just think how the judge is going to react when he sees this "telegramese" as you put it - if he/she understands it, its not going to help your case very much and remember, you will be questioned at hearing about your claim - it only needs one small slip up in your telegramese and the defence can widen that slip up by modifying their defence because you have played all your cards rioght at the beginning!

06-11-2005, 10:47 AM
Having spent many hours in useless business training sessions I can confirm that we have all heard the KISS thing a million times. A comma helps though - "Keep It Simple, Stupid" - ie keep the thing you are writing simple and stupid. The stupid does not (at least in the training I have had) refer to the author!

06-11-2005, 21:32 PM
David Button has given extemely good and useful advice on this forum, and when some "new kid" on the block asks a question and doesn't like the answer then David's advice to do his own thing was spot-on!

I for one wouldn't hesitate to take David's advice on court procedures as I know relatively little about it, never having had to go there to repossess! We all have our specialist "fields" on which we give advice, so I steer clear of this one usually!

06-11-2005, 22:39 PM
And I see the "new kid on the block" has just been in and eradicated the entire content of his original post; not to mention every one of his followups....