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SarahMajor
30-11-2005, 21:27 PM
how can it work? You make a claim against Landlord for x pounds. Money claim send it off. Landlord ignores it. Nice waste of time and money.

Is there a judge involved? How can an online form prove of your claim is genuine or a load of made up tosh?

MrShed
30-11-2005, 21:39 PM
It is a court. If a landlord ignores it, it is judged as him having no argument against the claim, so the full amount of the claim is issued.

SarahMajor
30-11-2005, 23:10 PM
It is a court. If a landlord ignores it, it is judged as him having no argument against the claim, so the full amount of the claim is issued.

ok. So he does not ignore it. He disputes it totally. So? What next? Some 20 year old admin assistant prints off the reply and sends it to me.....what next?

(note-the tone of my reply seems sharp. Not intended - just not having a good day!! :( )

P.Pilcher
01-12-2005, 00:10 AM
If you read what it says on the site carefully, in the event of a dispute, the matter is transferred to a local court for a hearing where both sides can put their case and a judge decides the matter in the usual way.

P.P.

davidjohnbutton
01-12-2005, 01:54 AM
Welcome to the real world!

You issue a summons against defendant

Defendant either replies, filing an acknowledgement within 14 days or a defence - if he files an acknowledgement, he then has 28 days to file detailed defence and/or counterclaim.

If no acknowledgment or defence filed, judgment given in default for whole amount claimed but see * below.

If defence filed, matter transferred to court in the defendants locality UNLESS it is a company, in which case it goes to claimants locality court. Directions are given per se disclosure/filing of documents/witness statements, and a date allocated for a hearing. Judge then makes decision, usually on the day unless adjourned or he/she wants time to consider in which case you get a written judgment - some judges do this if they think that either party may "kick off" at it going against them!

* If judgment given in default, defendant can apply to have it set aside provided he did not get notice of the proceedings or it was sent to wrong address or he was on holiday etc. but there must be a reasonable defence and a triable issue.

When judgment granted either after hearing or in default, you can then proceed to enforce in the normal way.