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Rob

Deposit Not Returned - Judgment Rejected?

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Hi,

I'm new to the forums but wondered if anyone can help?

I live with 2 housemates and we've recently moved from another property that the 3 of us rented. The landlord wouldn't return our deposit since moving out so we applied to court to reclaim the money (using the government's MoneyClaim Online website).

After the claim was issued, the landlord didn't reply within the 14 day period so we asked the court to judge the case on default. We got a letter back saying our judgment was rejected for the following reason: A bar on judgment/enforcement is in place.

That's all it says. Does anyone know what this actually means? Is it specific to our case or does it apply to the court as a whole?

Confused!

Many thanks

Rob

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Hmmm....I *think* that this means that they will not proceed with the claim as it may prejudice the ability for other creditors to reclaim their money. I think that this usually only occurs if the other party has filed for bankruptcy.

However I must admit I am not entirely sure!!!

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Hmmm....I *think* that this means that they will not proceed with the claim as it may prejudice the ability for other creditors to reclaim their money. I think that this usually only occurs if the other party has filed for bankruptcy.

However I must admit I am not entirely sure!!!

Hmm...

Well the joint landlords (basically the owner of the house and her boyfriend) are private individuals and not registered as a company (or trading as). Is bankruptcy still possible?

Thanks

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Of course...private individuals file for bankruptcy all the time. Did you file jointly against both of them? Did moneyclaim refund your court charge? Best thing to do would be to contact Moneyclaim and ask them. How much are we talking?

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Of course...private individuals file for bankruptcy all the time. Did you file jointly against both of them? Did moneyclaim refund your court charge? Best thing to do would be to contact Moneyclaim and ask them. How much are we talking?

I've rang the help desk. It's because the landlord had responded to the court, but the court hadn't told us yet.

They could have added a paragraph to the letter or website to explain things. How are people meant to understand that?

Thanks for your reply - yes it was filed jointly, and it's for roughly £800.

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Thanks for letting us know what they said...certainly something new to me! But yes, very stupid of them not to put a longer explanation! Good luck with the case, let us know how it goes.

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The court should be able to give you a copy of the defence as soon as it is filed - you should sue only those named on your tenancy agreement - ring the court the case has been transferred to they should give you all the info you need - once a claim is defended moneyclaimonline are not involved

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Update: We've now got his partial admission, including defence and also a cheque for that amount. It said in the forms that were sent through that as the names have been amended to add the defendants' titles, the link between Money Claim Online and the case had been broken. That could be the real reason for the "bar on judgment/enforcement is in place" message.

Well all is clear now, anyway. We have rejected their partial admission, so will continue on to court to try and get our full deposit back.

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  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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