Civil judgments

layman · Post by **layman** » Thu Aug 01, 2013 5:27 pm

Hi,

I have moved out of a rental property and would be filing a claim through the small claims process to recover my security deposit since the landlord is claiming unreasonable deductions.

Question is: in worst case scenario if I lose the claim in the county court(if it goes for hearing), would that be a civil judgement against me which I would have to declare during my ILR application next year?

If yes, could it impact the application negatively?

Post by **Amber** » Thu Aug 01, 2013 7:25 pm

It wouldn't be a judgement against you (you wouldn't get a CCJ) as you're not the respondent. If the tenancy deposit was held in a scheme as it legally should be unless exempt, did you contact the deposit scheme?

layman · Post by **layman** » Fri Aug 02, 2013 9:01 am

Thanks Amber. The part of UK I live, the deposit schemes only started from April '13.

I would want to avoid the courts but if the other party is not reasonable, then I do not want to accept the wrongdoing lying down. So was wondering if this would impact me if it does not turn out in my favor.

layman · Post by **layman** » Wed Aug 07, 2013 10:29 am

I would now be going through the small claims process to recover my deposit. If the landlord files a counter-claim and worst case the ruling goes against me, would that count as a CCJ against me?

Post by **Amber** » Wed Aug 07, 2013 11:10 am

Rubablu · Post by **Rubablu** » Mon Aug 12, 2013 6:59 pm

I am going to apply FLO(O) under family life in UK as my child have completed 7 years. But I have two CCJ for credit card. Do I need to say yes for question no 6.3 page 15 ? Because I am not sure its a civil judgement or not. If I have to say yes is that negative for my application ?

Post by **Amber** » Mon Aug 12, 2013 7:05 pm

A CCJ for credit cards, is a Civil Judgement. Searchtrust online (click) to see what CCJs are registered under your name.

Rubablu · Post by **Rubablu** » Mon Aug 12, 2013 7:35 pm

D4109125 wrote:A CCJ for credit cards, is a Civil Judgement. Searchtrust online (click) to see what CCJs are registered under your name.

Are they going to refuse me for that ? This happened two months ago

Post by **Amber** » Mon Aug 12, 2013 7:38 pm

No they shouldn't, make sure you are making payments for your debts even if token payments. See question 19here (click) for places you can get help.

layman · Post by **layman** » Fri Nov 29, 2013 4:34 pm

layman wrote:I would now be going through the small claims process to recover my deposit. If the landlord files a counter-claim and worst case the ruling goes against me, would that count as a CCJ against me?

Amber_ wrote:No.

Just to update, my case went for a hearing and the court decided on a middle ground. I did ask the Judge that if a counterclaim had been successful, would it have been a CCJ against me. The Judge said "Yes"

Post by **Amber** » Fri Nov 29, 2013 4:42 pm

I misread that previously, however, a vicious claim by the Landlord would have unlikely succeeded.

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Civil judgments

Civil judgments

FLO(0) application question no 6.3 page 15 for CCJ