Redermination at County Court, Tips and Advice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Redermination at County Court, Tips and Advice

    Having pursued a tenant to the courts for non-payment of rent and a small amount of damage, and won judgement. I’m now in the action of applying for an attachment of earnings, the case is now going to our local county court for a redermination (waiting for case date). Has anyone out there any tips/advice, as this is my first experience of this action. Do I need to take my photographic evidence of the damage done etc. I’m determined to ensure this person has a stain on their credit record. I personally feel all landlords should do their utmost to bring these people to boot.

    #2
    You should present photo evidence of damage done by tenant to Court , if possible submit before the actual hearing and also take 4 additional sets with you to Court hearing. ( one or two for Judge (s) , one for defendent's solicitor and one for yourself ) .

    Comment


      #3
      In theory the only thing you need is the previous judgment and proof of lack of payment. But take other stuff in case.

      Whether "to boot" or "to book" right on. There are way too many crooked thieving property-damaging tenants out there. Fortunately I have had only a few (and only two really bad ones ever -- who cost me, between them around £20K) because I now reject 99% of tenancy applications.

      Go for it.

      Comment


        #4
        Just an update on my situation, I spoke to court on the telephone and was advised that there would not be a court hearing, I said I wanted my say on the tenants income return and I was told to write to the court. I wrote a letter to the court disputing the tenant’s claim of income, as they had not stated any of the following :- child tax credits, housing benefit, child maintenance, council tax benefit. Today I receive a revocation of my attachment of earnings judgement and the tenant only has to pay £5 a month. Well, it will take approximately 20 years to clear the costs (I will probably be dead by then). The revocation now allows me to ask for a court hearing, so just done the letter request. Its amazing that the courts just take the defendants word for their income, you think the defendant would have to produce evidence. Will update when I reach the next stage.

        Comment


          #5
          And all that the defendant has to do to evade paying you is to leave that particular employment and the whole cat and mouse game commences again!

          Comment


            #6
            The court has stated that if they change employment, they have to inform the court,and if they don't it is a criminal offence.

            Comment


              #7
              I believe it is £55 (recoverable) to make them go to the court and declare everything under oath.
              https://formfinder.hmctsformfinder.j.../ex324-eng.pdf

              Comment


                #8
                Thanks paulamis for the information, I'm determined to see this to the end.

                Comment


                  #9
                  I had a case where someone owed me about £5K and offered £10 a month. I refused and went to court. Judge ordered immediate payment meaning that I could get a charge on the house he owned (this was not a LL tenant issue). He was also ordered to pay a few hundred a month. He paid nothing so I sent it up to the high court (after getting the charge on the property). I now get £100 a month and have the charge on his house. In another case I was involved in, as soon as the debtor realized that her employer would know about the debt due to the AOE (and that did not suit her "image") she paid in full. Good luck and don't give up!
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                    #10
                    My latest update. Finally got a court hearing for next week, so just put a letter together with 15 items of request for the defendant to produce documentary evidence. Not sure if I will be allowed to ask some questions. Having done my research on the internet it is quite evident that there is a lot of free advice for the debtor and very little guidance for the creditor. Its about time good landlords had justice. LETS GIVE THESE SORT OF PEOPLE A VERY HARD TIME.

                    Comment


                      #11
                      Well, for those of you who are interested in this saga my update of today’s experience.
                      I turned up on time, debtor never arrived. I was sat down in front of madam judge, and asked to give my grounds for the debtor to pay more of the debit each month. Judge was not interested in me disputing the income and out goings of the debtor. In her words she had a signed statement of truth about the figures supplied to the court by the debtor. The judge explained that no due diligence is done on the information supplied by the debtor, all is accepted as truthful. The best I got was a further review of the situation in 6 months’ time. I do fell the judge was sympathetic but is not allowed to give legal advice of what to do next. There is no justice to the aggrieved party and feel that the law is an ass.
                      So roll-on 6 months let’s see what happens then.


                      PS the 1st £5 payment arrived on the date the court ordered. Is there anyone out there know what the default period is in days/weeks if the debtor does not keep up there payment?

                      Comment


                        #12
                        A friend took a tenant to court, the tenant tried to say that she was unable to pay as her income was the same as her outgoings. when asked who her car belonged to she said her boyfriend, we were able to show that the car was on finance in her name. the magistrate then awarded my friend what she was claiming. Find out more about your tenants financial circumstances as it will be argued that whatever you want they cant afford.

                        Comment

                        Latest Activity

                        Collapse

                        • £150 late penalty fee
                          amog78
                          Our company has recently been charged £150 late penalty fee for failing to file our accounts on time. The person responsible for this refused to sign our accounts as he had resigned as a Director (although the accounts document had his name on it). The former Director made no attempt to inform anyone...
                          21-05-2018, 16:33 PM
                        • Reply to £150 late penalty fee
                          AndrewDod
                          Exactly. Service charge ledgers are never/should never be filed --- they have nothing to do with the Company as such. The Company (whether dormant or otherwise) still has to file accounts (even if dormant accounts). Failure to file accounts leads to an automatic initial £150 fine. Failure to file the...
                          26-05-2018, 09:17 AM
                        • Successful RTM claim
                          skidder
                          Hi all,

                          I wonder if anybody can be of assistance.

                          Cutting a long story short we have managed to obtain the RTM from a very aggressive freeholder. The right will transfer to us in August.

                          It is a small block of four converted one bedroom flats

                          We have...
                          24-05-2018, 14:03 PM
                        • Reply to Successful RTM claim
                          skidder
                          Thanks again Gordon999. Appreciated.

                          Yes I have last years Insurance policy which has the rebuild value and a terrorism clause.Shall l add the RPI to the price?

                          If you have time to read the below I would be very happy. In the meantime I have ordered this book:

                          ...
                          26-05-2018, 08:47 AM
                        • Reply to £150 late penalty fee
                          leaseholder64
                          Even freeholdingt RMCs don't have to file service charge accounts. Even dormant ones have to file statutory dormant accounts.

                          However, if does make one wonder if they are failing to implement L&T 1987 S42, or at least mixing the service charge and company monies.
                          26-05-2018, 08:46 AM
                        • Just to get a LH quote is expensive
                          Brikel
                          Hi all
                          I have just had my annual request for leasehold payment which is just over £4 on a 999 year lease.
                          The cost to just get a quote to buy the lease hold is £96 which is 22 x the annual leasehold cost.
                          is this excessive or can they justify it for the administration work
                          ...
                          24-05-2018, 16:17 PM
                        • Reply to Just to get a LH quote is expensive
                          Brikel
                          Sorry for not being clearer yes £4 per year ground rent and iam thinking of buying the freehold.
                          Thanks for ll your help
                          Bri...
                          26-05-2018, 07:46 AM
                        • Reply to Just to get a LH quote is expensive
                          Gordon999
                          This case may help you .

                          https://decisions.lease-advice.org//...1-1000/983.pdf
                          26-05-2018, 02:58 AM
                        • Reply to £150 late penalty fee
                          Gordon999
                          Is the company a freehold company receiving ground rent or RTM company responsible for the service charge only ?

                          RTM companies are usually dormant companies and don't need file any annual service charge account....
                          26-05-2018, 02:53 AM
                        • Reply to Successful RTM claim
                          Gordon999
                          Yes. This Code is the standard applied by FTT to judge the service of managing agents.

                          For fire regulations. you need to contact your local Fire station for the safety officer.

                          The buildings insurance is usually insured for the declared re-instatement value which is calculated...
                          26-05-2018, 02:39 AM
                        Working...
                        X