Court Ordered ex-Tenants to Pay Costs

[MAPTON]

Rather cynical, but I am hoping ex-tenants don't pay up!

Assuming they don't, as I already have the Court Order for Costs, how do I go about registering for a CCJ? Do I have to pay a fee, fill in more forms etc?

Many thanks.

[jpkeates]

I'd have thought the simplest way is to use MCOL.

[boletus]

https://www.gov.uk/make-court-claim-...rce-a-judgment

[MAPTON]

Hi

Sorry, I am having to ask more questions on this as I am not clear on what, if anything I should do.

At County Court, the ex-Tenants were Ordered to pay my costs by a certain date. That date expired a few weeks back and ex-Tenants haven't paid.

This Order, made by the County Court - is this not an actual CCJ?

If it is a CCJ, how do I make sure it is registered on ex-Tenants Credit File.

I did have a look at the MCOL but as I've already got the Court Order telling ex-Tenants to pay, I don't see that the MCOL is applicable? Anyone able to explain the process to me in Laymans?

[KTC]

You need to start enforcement action on the non-payment first.

Reg. 9(d) an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order under Part 70 of the 1998 Rules;

https://www.legislation.gov.uk/uksi/...5/regulation/9

[MAPTON]

You need to start enforcement action on the non-payment first.



https://www.legislation.gov.uk/uksi/...5/regulation/9

Ok, I understand now. So ex-tenants get another chance to pay the Court Fees prior to actually getting a CCJ. Our legal system is very convoluted at times.

[Anna1985]

In effect yes, you need to request warrant of control or if you know work or bank account details you could use other means.

[hybrice]

Assuming your order states "The Defendant/Respondent shall pay the Claimant the sum of X within Y days", then you can simply apply directly for a Warrant of Control, stating that the time they should have paid has passed, you have not received payment and you wish to enforce the debt.

https://www.gov.uk/government/public...ant-of-control

If the value is >£900, you can and should attempt enforcement by High Court, they have much more power to enforce a debt than CC bailiffs. You may need to transfer up to do this, but many HCEOs will provide a FOC transfer up service, if you use them.

[MAPTON]

hybrice,

Yes, my order does state "The Defendant/Respondent shall pay the Claimant the sum of X within Y days". I wanted the tenants to have a CCJ registered on their credit history (to teach them a lesson so hopefully won't play the same tricks on future landlords). Our legal system is bonkers. Crazy that they have been ordered to pay, they don't pay and they still don't get a CCJ.

Over the years, I have come across plenty of people who have CCJs registered against them. How many chances to pay do they get before they actually do get a CCJ?

[hybrice]

To my knowledge, and you should probably pay a solicitor for some actual advice, the moment a Court Order is enforced, it becomes registered on the CCJ register. I.e, Once a Warrant of Control is issued, it is acknowledged that the Defendant has not paid the ordered value and it simultaneously moves to enforcement and CCJ registration.

I've never personally cared about the CCJ, I've only ever focused on recovery. Maybe I'm selfish, but I only cared about trying to recoup my, in some cases, substantial losses. It doesn't re-fill my bank account to know the ex-tenant has a smudge on their credit score that will fall off before I've made that money back...

[MAPTON]

I am probably making the matter too personal. I'm not in the slightest bit worried about the money.

In an ideal world, I would simply like to teach these tenants they can not expect to walk away unscathed without any repercussion for their shocking behaviour/lies/tactics. Why, because they will simply do the same again to the next Landlord.

In order to get them out of my property I withheld information on reference request. Should I be contacted in the future for another reference - I won't hold back. However, this just passes the buck on to the next landlord.

[hybrice]

I certainly understand that stance.

Unfortunately these are the people who will rack up thousands in debt then make themselves bankrupt because they don't care. And there will always be new, naive or desperate landlords who give them the benefit of the doubt, with or without your reference. Sad though it is to say.

I completely agree with the sentiment, though having been the one who had to choose between giving a reference they didn't want to provide and themselves, at one time, potentially being made homeless if they did't, I'd also say its an easy sentiment to hold if you don't care about or need the money...