Money claim online

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    Money claim online

    Does anyone know if this is an effective way of making a claim against a non paying tenant? I know you can only claim the amount owed at that time but having issued an eviction notice it'll be a long time before I can reclaim the property.... plus I know that one of the tenants earns £40k a year so there is a source of funds via which to issue an attachment of earnings. I also wanted to issue another 1 as the amount grows.

    Thanks in advance.

    #2
    Originally posted by tombola View Post
    having issued an eviction notice
    What notice have you issued?

    Advice may differ depending on your answer.

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      #3
      My experience: I made a claim against a tenant once using MCOL, the defendant had got the notice and then inconveniently requested more time so an extra 4 weeks was added. The defendent didn't put in a defence in the allocated time and the CCJ was awarded. The CCJ then lapsed and never have seen anything since. I have put several traces on, transferred the debt to a collection agency and still waiting for the money to show up, this is a year since the CCJ was awarded. However I am planning on rekindling my efforts and getting a full in depth trace with another agency, with that I am going to request they come to court for an information order and then consider other options based on the results of the information order. However I am prepared to walk away at that point

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        #4
        Thanks both, this is a section 8

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          #5
          Greycarpet - why didn't you issue an attachment of earnings?

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            #6
            Originally posted by tombola View Post
            Greycarpet - why didn't you issue an attachment of earnings?
            because I couldn't guarantee that they were still in work at the time. I also was told by the court officials on the phone that the court (not sure if its specifically that court or as a generalisation) doesn't like you to speculatively applying for several orders as stab in the dark method in the hoping of striking gold.

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              #7
              Originally posted by greycarpet View Post

              because I couldn't guarantee that they were still in work at the time. I also was told by the court officials on the phone that the court (not sure if its specifically that court or as a generalisation) doesn't like you to speculatively applying for several orders as stab in the dark method in the hoping of striking gold.
              I'd still issue an AoE. It's £100.

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                #8
                If the tenant doesn't pay, you complete Form N316 and pay £50.00 when you submit it.
                The tenant is required to attend a court and give details of their income and assets.
                Some notes on the process here - https://www.moneyclaimsuk.co.uk/orde...formation.aspx
                Not attending the court session is an arrestable offence.

                The rest of that web site is helpful.
                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).

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                  #9
                  I have just been advised on N316 process:

                  .".....however the county court waiting times are likely to be very significant and this process is not that effective. "

                  I really dont know if anything is effective.... HCEO are also taking a long time at present.





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                    #10
                    No debt collection process is that effective - what you are hoping for is that the succession of threatening looking legal documents hitting the debtors doorstep incentivises them to move you up the list of people they make payments to.

                    If the debtor has no money, there's no process that can help you recover what you're owed.
                    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).

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                      #11
                      Originally posted by Berlingogirl View Post

                      I'd still issue an AoE. It's £100.
                      I understand that if they change jobs (risk is quite high in this current situation) that you have to apply every time they change job?

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                        #12
                        Originally posted by greycarpet View Post

                        I understand that if they change jobs (risk is quite high in this current situation) that you have to apply every time they change job?
                        A number of companies offer very competitive ex tenant address/status reports

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                          #13
                          Originally posted by tombola View Post
                          Thanks both, this is a section 8
                          You cannot claim for the same money at S8 proceedings and money-claim proceedings.

                          if the money claim is successful, then that may prevent you taking S8G8 possession claim forward.


                          Having said that, Giles Peaker appears to believe that landlords should use money claim and attachment of earnings:
                          Why haven’t you done a money claim for arrears and followed up with an attachment of earnings order?

                          https://nearlylegal.co.uk/2020/11/fi...non-evictions/

                          Comment


                            #14
                            My case :

                            HCEO managed to reach an agreement with the tenant although I did not have any hope. I have followed the advice on this forum to use HCEO. Awaiting now to be paid. Will see what happens.

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