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caroline7758
25-02-2006, 13:56 PM
If I make a money claim online for a certain amountof unpaid rent, then the defendant pays some of the money, what happens to my claim? Also, is there any time limit on claiming for money owing? I ask because my tenants, who will bemoving out in the next few weeks, are trying to get a claim for Housing benefit backdated and would therefore be able to pay me some of what they owe, though probably only a fraction of the total.I believe they genuinely want to pay up if they can & am trying to decide whether to go down the court route or come to some kind of agreement with them.

davidjohnbutton
25-02-2006, 14:13 PM
Come to some sort of agreement with them if you can before issuing court proceedings which will only proceed to alienate them, possibly into paying nothing unless forced.

If you issue a summons and they part pay, they will either have to admit or defend the remainder. If they admit it, there is no hearing and a judgment is issued for them to pay which you can enforce by the usual methods i.e. bailiffs/attachment etc.

If they defend, it will be allocated a hearing - there will be an allocation questionnaire to complete and depending on the amount, an allocation fee. Then there is a hearing at the defendants local court to decide.

You have six years from the last payment or last admission of the debt to issue court process - after that it is statute barred.

caroline7758
25-02-2006, 15:05 PM
Thanks, very helpful advice as always, david.