Court review

[Perce]

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.

[ddq]

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.

Yes, I will do that. Thank you.

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.

[jpkeates]

You or your solicitor need to go to the hearing.

[hybrice]

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.

[ddq]

Thank you jpkeates and hybrice very much for your advice. Section 8 was used so I will ask the solicitor to attend the court. Million thanks for your golden advice.

[ddq]

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.

[hybrice]

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

[ddq]

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.

[hybrice]

Still enforce it. HCEOs aren't idiots and don't give up. If he has just signed the car over to his ex but still houses and uses it, they'll likely still seize it. Don't let him get away with anything, is my.opinion. But ask your solicitor.

[ddq]

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.

[Perce]

Its £66. You will pay an extra £75 if HCEO abandon the enforcement but they will tell you more about it.

[ddq]

Thank you very much, Perce. How come solicitors charge over £1k for something that costs only £66 or £141?

[Berlingogirl]

Thank you very much, Perce. How come solicitors charge over £1k for something that costs only £66 or £141?

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.

[hybrice]

Thank you very much, Perce. How come solicitors charge over £1k for something that costs only £66 or £141?

There's some confusion here, I'm not sure people understand the process - it's not £66 and it's not £75 (sort of)

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.

[hybrice]

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.

I can't see how that's the solicitors fault. They're highly trained professionals and command a fee befitting the time/money invested in their education, you shouldn't have engaged them for such a small value.