learn from my court experience

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nicest landlord
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I was in court again yesterday recovering historic rent arrears from a guarantor. It was a mixed result and I am keen to post the lessons I have learned...

I was claiming £1000 plus costs and interest. I was given judgement for £914 plus only part costs, no interest and no expenses.

I claimed £500 from this guarantor in 2015. My claim made clear that I was only claiming the first £500 of a £1414 debt. I thought I could pursue the debt in more than one claim. I thought this was prudent since claiming the higher amount means higher court fees which may or may not yield a result. I once spent about £300 court fees chasing a debt of about £3k and could not enforce the judgement because the tenant got a debt relief order leaving me high and dry.

The judge yesterday really did not like me making more than one claim against the same defendant. He refused to allow me the extra £86 I was claiming for council tax because this was not revealed in the first claim. He would not allow me all the court fees saying the defendant should only pay what it would have cost him in court fees if there had been one bigger claim to start with.

The judge would not allow me to claim interest even thought the debt was outstanding for 3 years because I had not put this in my initial online claim.

The judge will say in the judgement order that I cannot bring any further claims against this guarantor, when I would have liked to make one more...

So a mixed experience.

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24/01/2018 10:13

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