Redermination at County Court, Tips and Advice

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  • banner257
    started a topic Redermination at County Court, Tips and Advice

    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.

  • Always Problems
    replied
    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.

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  • banner257
    replied
    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?

    Leave a comment:


  • banner257
    replied
    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.

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  • islandgirl
    replied
    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!

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  • banner257
    replied
    Thanks paulamis for the information, I'm determined to see this to the end.

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  • paulamis
    replied
    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

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  • banner257
    replied
    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.

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  • Lorimer
    replied
    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!

    Leave a comment:


  • banner257
    replied
    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.

    Leave a comment:


  • AndrewDod
    replied
    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.

    Leave a comment:


  • Gordon999
    replied
    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 ) .

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