Advice please, I am in court today…

Home Forum Chat Forum Advice please, I am in court today…

Viewing 28 posts - 1 through 28 (of 28 total)
  • Advice please, I am in court today…
  • Premier Icon matt_outandabout
    Subscriber

    Only small claims….
    I had a negotiated settlement with an ex tenant. Payment should have happened in Feb and March, first week.
    No payment until yesterday, and we are in court today.
    I have a sneaking suspicion that this last moment payment is deliberate.
    .
    I still want court to find against them and payments continue as per agreement.
    .
    What have they “gained” by last minute payment? Would court still agree with late payment being an issue, and find in my favour?

    *as a capitalist pig landlord, I shall repent and whip my self with SRAM chain a hundred times.

    Premier Icon piedi di formaggio
    Subscriber

    I have no idea, but I’d be looking to claim my costs back

    tinybits
    Member

    That’s probably going to be a no show from them, with the thought that payment meets all needs of the claim (I’m a bit unsure from what you’ve written that it does), so there’s nothing more to answer.

    Premier Icon wwaswas
    Subscriber

    I have a sneaking suspicion that this last moment payment is deliberate

    I think you;re right. There’ll be a bit of ‘I’ve hit hard times but, look, I’m doing my best to make payments when I can’.

    I’m not a lawyer, though, so whether making any payment will cause an adjournment to see if they keep going or the courts will just rule in your favour I don;t know.

    Was the agreement you reached a ‘drawn up by solicitors’ type one?

    toys19
    Member

    Assuming this is england, and I am not a lawyer, but I have had several trips to small claims all over tenancys.
    They are still liable for your costs.
    But you need to prove that:
    1) You gave them notice that you would be going to court -ie 14 days to pay letter (or similar)
    2) that they made the payment after this date.
    3) That they did actually owe the money (which I think is proved by the fact that they paid it)

    Premier Icon matt_outandabout
    Subscriber

    There are meant to be four payments in total, a negotiated settlement of half my losses and costs. This is one payment, we should have two by now and another tomorrow.
    .
    I think there is to be a “look we are trying, but can we make it £1.50 per month for the next decade because we are broke” approach.

    Premier Icon matt_outandabout
    Subscriber

    Agreement was done face to face via in-court advice and support person, in writing.

    Premier Icon mikewsmith
    Subscriber

    has the payment actually cleared?

    Premier Icon matt_outandabout
    Subscriber

    Scotland, and this is full hearing after initial hearing where tenant p*ss*d the Sheriff off with his attitude and statement.

    Premier Icon matt_outandabout
    Subscriber

    Mike – looks like it, but will call bank now.

    toys19
    Member

    I think my points still stand. Go and be deferential/reasonable with the judge.

    Premier Icon piedi di formaggio
    Subscriber

    Time to send the baliffs in?

    cynic-al
    Member

    I don’t see why the court won’t find that the money is due.

    Tenant probably panicking and doing what they can to look good in court.

    Press your case as firmly as possible, it is down to the judge on the day, and thus what he determines is reasonable as a repayment plan.

    Premier Icon rickmeister
    Subscriber

    If it doesnt work out, Hilton Baird were good at managing my costs after a small claims judgement default.

    londonerinoz
    Member

    There can be situations where late partial payment of a debt can undermine your notices which are subject to minimum outstanding periods. Whether this applies under different jurisdictions or non statutory agreements could vary tremendously. We’ve probably all seen nightmare tenant programmes where they’re able to exhaust the legal process, but it sounds like they’re already out in your case which is no small mercy.

    toys19
    Member

    that would apply to using statutary notices for eviction, this is small claims court.

    Premier Icon matt_outandabout
    Subscriber

    So I won. They did not turn up, no evidence offered. Sheriff awarded full claim, costs, 10% for my time and interest of 6% since the first missed rent payment.
    (Notices served and they were booted out a year ago this week).
    Now over to the Court and Men at Arms to arrest their wages and sort payments….

    Premier Icon wwaswas
    Subscriber

    that’s good 🙂

    Premier Icon spawnofyorkshire
    Subscriber

    good result 🙂

    Premier Icon matt_outandabout
    Subscriber

    ^ I want the mad looking dude on my side. Who is he?

    Mind, the robes and wigs make the court people look kind of rad as well….

    Premier Icon jambalaya
    Subscriber

    Congratulations, hopefully you will get your money now (its not guaranteed sadly)

    Premier Icon matt_outandabout
    Subscriber

    Dog. He da man. (So it seems)

    Tijuana Taxi
    Member

    What does he look like?

    Cross between a reject from a Finnish metal band and a northern football fan

    Not sure calling him a brownie hunter is so good in this country either

    Hope you have more luck than me Matt, court awarded me 3K in rent arrears & associated costs last September. Not received a penny & there’s not a lot I can do. Ex tenant owes money all over the place, is on various benefits, is a proper scratter & as I’ve recently found out, nicked £200 off his Dad who was saving up for a mobility scooter. This is the bloke who some people on here were kinda sympathising with a few months ago.

    Premier Icon matt_outandabout
    Subscriber

    These two are working, and up here in Scotland they go to employer and get wages out of payslip. Fingers crossed….

    toys19
    Member

    good result. Fingers crossed for positive reimbursement.

Viewing 28 posts - 1 through 28 (of 28 total)

The topic ‘Advice please, I am in court today…’ is closed to new replies.