Court lost documents and struck out case?
Hi everyone, I am in court for compensation against a tenant who is now thankfully evicted.
I have a judgment of debt, but I am pursuing a Charging Order securing the debt against a property he now owns. Straightforward you would think, but it’s now been 18 months of no order, and no enforcement.
During the process through the court, as well as dealing with the apparent bias of the court, I now find that the courts have seemingly lost documents and as a consequence, my case has been struck out, despite the court not telling me!
I have requested a copy of the court file which will ascertain the position, but they ignore me.
I have involved my MP, they are ignoring him as well.
Is there any Justice?
Stephen
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Member Since July 2019 - Comments: 2
9:39 AM, 20th March 2025, About 1 year ago
Ask the Court for a Data Subject Access Request containing all data pertinent to you relating to your case. Get the ICO involved if they don’t reply.
Member Since January 2015 - Comments: 1442 - Articles: 1
10:38 AM, 20th March 2025, About 1 year ago
Ask the Court for a Data Subject Access Request for ALL data re your case.
Member Since July 2024 - Comments: 112
4:40 PM, 20th March 2025, About 1 year ago
Had a somewhat similar story. 7k of damage by overseas students who I said to the Judge were a flight risk. I agree the court is overly harsh on landlords but overly generous even to non Brits who damage our properties beyond habitation. They were so haphazard in the way they handled things I did not receive the final payment demand in time and my case also was struck out. 2 of the tenants are untraceable. One flaunts Nike shoes on his profile on facebook. To beg the court to reopen the case was 300 odd sterling then I needed to pay a hefty court fee to get justice.. with tenants having taken flight.. all took 18 months. Good on you keep at it as your tenants has assets – get your justice and let us know. My motto now is Crime Pays. The property is sold, all will be sold. I refuse to continue with so much against us.
Member Since February 2023 - Comments: 87
8:36 AM, 21st March 2025, About 1 year ago
There is no justice
Member Since November 2022 - Comments: 120
11:34 PM, 24th March 2025, About 1 year ago
What are you hoping to achieve from a charging order? Your charge will rank behind any mortgage borrowing, and in those circumstances the chances of successfully applying for an order for sale are minimal. If you’re happy to wait until the property is sold, then of course that’s fine, assuming there’s equity there for you, but other enforcement options may yield quicker actual results