Extension to money order after possession was granted

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    Extension to money order after possession was granted

    Hi all

    How does one go about extending beyond the 6 years for recovery of rent unpaid after the tenant left the property?House is in England.

    Person left the property on 30/01/2013 date of judgement order 16/01/2013 but has not made any attempt to pay back the debt of £5872. There was no point in chasing the money as the person was not in work and over the coming years has also had at least 2 children, however it has come to light that is now working so now would be a good time. I am concerned that the 6 years is almost up. I thought there was a way to re-issue enforcement thus getting another 6 years? I plan to escalate to high court enforcement as well. Anyone got any thoughts on this and aware of the process. Thanks


    #2
    Was the judgement order for the money and repossession, just the money or just the repossession?

    You should simply follow the appropriate route escalate the non-payment of whatever it was you were awarded.
    Provided you start before the 30th January you should be fine.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Hi the paperwork I have in front of me is "Request for Warrant of Possession of Land". On the document it states Warrant details of the balance due at the date of the request plus an issue fee of £110. There is a box which states the following

      1 the defendant has not vacated the land as ordered (*and that whole or part of any instalments due under the judgement ord order have not been paid) († and the balance now due is shown)

      the legend for the *is delete unless the defendant is in arrears with the suspended possession order or judgement

      The legend for the † is delete unless the warrant is to issue for execution also.

      Happy to scan the document and upload (will sanitize it) if that would help as I am little unsure if it is the correct document and which bit to cross out as per paragraph 2 above., At the top of the document it says to be completed and signed by he claimant or his solicitor and sent to the court with the appropriate fee (so is this £110) and that is what actually kicks the process off. As I can get this dropped off at the court tomorrow with the fee if I have everything in order. Note at this time I do not have a confirmed address for the defendant but plan to use a tracking service.

      Thanks so much for coming back to me so quickly (tried ringing the court but they just take phone of hook and dont answer apparently) great respect to respected members like yourself on this forum.


      Edit for more information added

      on the order for possession it is ordered that

      1. The defendant gives the claimant possession on or before the 30 Jan 2013
      2. The defendant pay the claimant £5664 for rent arrears on or before 30 Jan 2013 and £33.00 per day for the use and occupation from 28 Jan 2013 until possession of the property is given.
      3. The defendant pay fixed costs at £100 on or before 30 Jan 2013

      Comment


        #4
        Go for it Scooby: Think debt should have increased @ 8% pa also.

        Don't like any crook or cheat getting away with it, whoever they are.

        Good luck, let us know progress!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          court docs edit.jpg Am I correct in saying that I have a made a faux pas as I dont think I have actually registered/enforced the judgement ie it is not actually a registered CCJ as we did not send the warrant documents onto the court crossing out the correct sections? But maybe this has worked in our favour as the CCJ if not registered then he may have got credit so easy to trace? Here is the uploaded form is this what kicks the process off and once acknowledged on the register how long does that remain valid? As mentioned was going to get the guys who do cant pay take it away involved but they seem to think time is not on my side. If I need to register then can get that to the court tomorrow morning as I understand the court closes over Xmas!

          Comment


            #6
            That's the wrong form for what you're trying to do.
            That's an application for permission to get a bailiff to repossess the property if they haven't left when the court order said that they should.

            Your next step would normally be Form N316, which demands that the debtor appear in court to be questioned about their circumstances.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Ok thanks, I thought I could cross out the section where it states they have not vacated. Got a trace running on the guy as we speak with view to escualting to the HCEO

              Comment


                #8
                Guys update, the original warrant has been successfully transfered up, and now have a sealed writ from the High Court that is valid for 1 year:-)

                Comment


                  #9
                  In the spirit of a good forum here is my update.The HCEO visited and got almost 6k upfront and then a payment plan for the balance (Interest and fees) of £450 per month which so far has been paid on time :-)

                  Comment


                    #10
                    Excellent result, thanks for the update.

                    How did you get the warrant transferred to the high court?
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Used a HCEO company who came up trumps :-)

                      Comment

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