You should persist. Don't leave it. I would start by calling the office many times until you find the right person to speak to and also write a letter.
Court review
Collapse
X
-
Originally posted by Perce View PostYou should persist. Don't leave it. I would start by calling the office many times until you find the right person to speak to and also write a letter.
With the tenant, to put a CCJ on him, is going to this hearing the only way? Or this hearing is only for possession of the property. After the hearing, court gives order for possession, then we go to bailiffs or high court enforcement. Then only after the possession, we file whatever form anyway, the same as if I don't go to this hearing? I don't want to waste court's time and solicitor's time if at the end it's the same form I can do. I am thinking if I tell the solicitor I will cancel the hearing and do the claim myself, saving them £450 representation, then maybe it's easier to ask for the refund of 1k high court enforcement. But I need to put CCJ on the tenant so I hope he will pay me back 15k, just a hope, one day.
Comment
-
ddq,
Did I miss a post here? Why do you not need HCEO/Bailiffs anymore? Are you absolutely 100% that you have possession returned to you?
The arrears side will depend totally on which process was used, so:
Assuming you're 100% certain you have possession of the property (this will be bad advice if you do not)
Section 21 - You cannot claim costs/arrears through Section 21, so attending the hearing will be pointless. I'd write to the Court and tell them the tenant surrendered possession and the hearing is not required. Also, I'd demand a refund from your solicitor for the representation and HCEO costs, and suggest they charge you only for the application fee and time spent. If the hearing is cancelled, you're owed your money back. And without an order made the HCEO cannot have been paid a penny, so that too should come back to you. Pursue the arrears via MCOL.
Section 8 - You CAN claim costs and arrears at this hearing, if this process was used 100% attend the hearing. Better yet, pay your solicitor £420 to attend it for you. A good advocate can be worth their weight in gold on the day to get you a costs/arrears order. Some Judges although always fair, get grumpy with Litigants in Person who don't know the processes' and what can/cannot be claimed etc. In this case, still ask for your HCEO costs back, as you won't be enforcing it.
- 1 like
Comment
-
Hi all, can you give me some more insight please. If I don't need HCEO, I don't need any writ of control, do I? The solicitors don't have to waste time and money on it at all, so should refund me the total fee for that line item HCEO, or is there any work they have to do in relation to that? I just wanted to be fair in my refund request. Many thanks.
Comment
-
It depends, you need your costs/arrears money order. So your solicitor MUST attend the hearing for that, or it will likely be dismissed.
What you then do with that order is up to you:
1. Enforce via County Court bailiffs (no HCEO or Writ required), less effective than HCEO and I believe (could be wrong) cannot seize goods for sale
2. Enforce via HCEO (HCEO and Writ of control required), more effective, can seize and sell goods including vehicles in some circumstances
Writ of possession - for evictions
Writ of control - for money
Comment
-
Thanks, hybrice. My hearing was over. My solicitor attended. After the hearing, the tenant approached me, showing me his bank overdrafts of about the rent arrears, and that his car had been transferred to his ex-wife. I know he would never leave anything under his name so writs will be of no use. But his approaching me made me suspicious. I just need anything on his records so he should pay me back if he needed to clear it. Has the court order done that or it has to be bailiffs or writ of control to put a record on him? I don't think this kind of people would leave anything under their names for either bailiffs or high court enforcement to take.
Comment
-
Phew! My hearing is over and waiting to receive court order. How long do I have to apply for enforcement? Is there a deadline for that?
I looked up and it seems to be just £66 fee, so I will do HCEO. If I can't recover anything as I think nothing will be on his name, at least I don't loose much. Can you help confirm it's just £66 application fee? Many thanks.
Comment
-
Originally posted by ddq View PostThank you very much, Perce. How come solicitors charge over £1k for something that costs only £66 or £141?
The first and last time I used a solicitor - going back about 20 years - charged me over £400 for a £150 ish rent arrears. I never used a solicitor again.
- 1 like
Comment
-
Originally posted by ddq View PostThank you very much, Perce. How come solicitors charge over £1k for something that costs only £66 or £141?
1. The £66 covers the cost of getting your Writ. I.e a High Court Master to rubber-stamp your Warrant/Writ
2. You will then need to instruct a HCEO, the cost of which depends upon which HCEO you go with, anywhere from £500-1000, but don't worry - if they can they claim that cost back from the Defendant.
3. If the HCEO cannot recover the money, they deem it unrecoverable or the Defendant "judgementproof", then you'll pay a small fee, likely the £75.
Solicitors usually charge £1000-1200 for this, and it simply covers the fees incurred and a bit of their time for filling out the forms to apply for the Writ.
Comment
-
Originally posted by Berlingogirl View Post
Because they charge a lot of money per hour. The last solicitor I spoke to said they'd charge £150 per hour but then wanted to give my case to another solicitor at £400 ph!
The first and last time I used a solicitor - going back about 20 years - charged me over £400 for a £150 ish rent arrears. I never used a solicitor again.
- 1 like
Comment
Latest Activity
Collapse
-
by MdeBIt only goes black if it is left wet; It is not inevitable....
-
Channel: Residential Letting Questions
01-03-2021, 00:22 AM -
-
by BounceHi
I was wondering if anybody could help me and tell me who could be responsible Landlord or Tenant?
One of my properties, the tenant has been in there about 2 years and normally has always called me direct for any little problem.
I then went through months where...-
Channel: Residential Letting Questions
17-01-2018, 21:53 PM -
-
Reply to Your move referencesby Jon66They will check your credit reference through Experian/Equifax, you said, so that will show up defaults and be reflected in your credit score....
-
Channel: Residential Letting Questions
01-03-2021, 00:02 AM -
-
by MrsB27Can anyone give me any information on your move referencing please?
myself and my husband have paid holding deposit and been down with our passports to arrange right to rent check. They have advised referencing is done through Experian or equifax and that it’s nothing to worry about....-
Channel: Residential Letting Questions
28-02-2021, 19:57 PM -
-
Reply to Landlords Looking 👀For Tenantsby Jon66Rent to rent is not supported as a concept generally on this forum.
-
Channel: Residential Letting Questions
28-02-2021, 21:53 PM -
-
by LtaiwoPM
I am looking for quite a few properties to lease from landlords for supported living for the elderly, supported accommodation for the young adults, disabled persons and also for asylum seekers.
Do you know who may have such properties: 4-6 bed HMOs, 10-20 bed HMOS or care homes....-
Channel: Residential Letting Questions
28-02-2021, 20:18 PM -
-
Reply to Your move referencesby MrsB27She only asked if we had any ccjs, bankruptcies or ivas to which we advised we didn’t and her reply was ‘ah don’t worry even if you did have there’s ways around that’ I see some people say that your have a full credit check and others say only publicly available information is checked? Do...
-
Channel: Residential Letting Questions
28-02-2021, 20:10 PM -
-
Reply to Your move referencesby Hudson01I assume you informed the agent about the current defaults you are paying off ??? And given what you say about the rent being paid on time all the time i can see that as the main event for most landlords. Not everyone can be totally clean on their application but these days with the changes the govt...
-
Channel: Residential Letting Questions
28-02-2021, 20:04 PM -
-
by boletusA bit harsh although I'm selfishly in agreement with the obvious consequences.
Drive out all the amateur competition and I'll happily double my rents...
-
Channel: Residential Letting Questions
28-02-2021, 18:18 PM -
-
by IdlekindMy tenants moved in in November 2020 amid the corona period. They were moving back from Singapore to the UK in a window in the restrictions. I travelled back to sort the flat ( i live in Spain), but had to leave sooner than planned due to corona restrictions closing flights abroad. I tried to find an...
-
Channel: Residential Letting Questions
28-02-2021, 11:30 AM -
Comment