Making a tenant bankrupt - Is it worth it?

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    #16
    Originally posted by jpkeates View Post

    Your chances of recovering any of the money owed by the tenant have just become close to zero.
    I know... I am so pissed now.

    I now just want to screw her over if I can. Any ideas lol? I also just found (by speaking to the courts) that she got evicted from her last house by baliffs too. Not sure I mentioned this in another post, but we got her as she was a friend of a friend who vouced for her. She had bad credt history then but the friend and her said it was due to her ex-husband... I was dumb ofc to believe them, but it doesn't change the fact she is scum so now I want to do what I can to make it difficult for her.

    Also, how is not fraud if she is getting additional money to pay for rent if she is not paying it?

    Comment


      #17
      Originally posted by mucker973 View Post
      Also, how is not fraud if she is getting additional money to pay for rent if she is not paying it?
      Your entitlement to elements of Universal Credit depends on your circumstances, not what you actually spend or pay out.

      If you rent a property, the amount you receive as a single person would be designed to cover a room in shared house, for example.

      And you're entitled to that whether or not you pass it onto your landlord, because that's how universal credit works, you're meant to manage your own money.

      If the court awarded possession for rent owed, until you take some enforcement action, they won't even register the ccj against the tenant, so you should escalate the issue to at least get it registered.

      I'd also let your friend know what their friend's done to you.
      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


        #18
        You can apply online for the housing element of UC to be paid direct to you - see:-

        https://www.gov.uk/government/public...ears-deduction

        It is surprisingly quick and easy, my first payment came through about 3 weeks after applying. You might not get much but worth a go

        Comment


          #19
          Originally posted by jpkeates View Post
          If the court awarded possession for rent owed, until you take some enforcement action, they won't even register the ccj against the tenant, so you should escalate the issue to at least get it registered.
          Not sure I understand you here. The CCJ has been ordered and the enforcement I am seeking was going to be through attachment of earnings. What do you mean by it getting "registered" and who are "they" in this context?

          thanks

          Comment


            #20
            davetg,

            thanks, I guess its worth a go cause this knows how to play the game and might be there longer than I expect!

            Comment


              #21
              Originally posted by mucker973 View Post
              Not sure I understand you here. The CCJ has been ordered and the enforcement I am seeking was going to be through attachment of earnings. What do you mean by it getting "registered" and who are "they" in this context?
              if the court order was linked to the possession hearing (i.e. the possession was on the grounds of rent owed) the judgement will result in a possession order, but the judgement itself isn't added to any register automatically (like it is in the small claims court), so a ccj won't show up on anyone's credit record.

              "They" was meant to indicate the court system.

              If you do start to escalate your claim (which you can start for £50 - https://www.moneyclaimsuk.co.uk/orde...formation.aspx) it should be entered onto the register of county court judgements and it would then affect the tenant's credit history.

              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


                #22
                jpkeates ah i see what you mean now. Well it turns out the judge did order a money judgement as well. I remember him specifically asking if I wanted that too and he did so I assume this is the CCJ you speak of right? I have a letter from the court which was sent to her and me stating she is ordered to pay the money back I am owed and was to do so in two weeks (which has now elapsed)

                Comment


                  #23
                  Check they are entered on the register here (costs £6);

                  https://www.trustonline.org.uk/

                  Most evictions aren't registered.

                  Comment


                    #24
                    Originally posted by mucker973 View Post
                    jpkeates ah i see what you mean now. Well it turns out the judge did order a money judgement as well. I remember him specifically asking if I wanted that too and he did so I assume this is the CCJ you speak of right?
                    Unless the judgement is on the public register it's not really going to cause the tenant any inconvenience if they ignore it.

                    Time for the Order to Obtain Information and to request that the court enters the judgement on the public register.
                    That's a different level for a tenant.

                    If they ignore the OOI, that's an arrestable offence.
                    From everything you've posted, the chances are that the tenant won't be able to pay you anything, and the court will simply reach the same conclusion.
                    But even the most low value payment plan can be enforced by dragging the tenant back to court when they fail to make a payment.
                    If one of the goals is to make the tenant's life a little less enjoyable that's a start.

                    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


                      #25
                      Originally posted by jpkeates View Post


                      Time for the Order to Obtain Information and to request that the court enters the judgement on the public register.
                      That's a different level for a tenant.

                      If they ignore the OOI, that's an arrestable offence.

                      Thanks, I've never heard of this, any links or advice on how to get this one started?

                      Comment


                        #26
                        https://www.gov.uk/make-court-claim-...rce-a-judgment

                        Comment


                          #27
                          Originally posted by jpkeates View Post

                          Time for the Order to Obtain Information and to request that the court enters the judgement on the public register.
                          That's a different level for a tenant.

                          If they ignore the OOI, that's an arrestable offence.

                          Is this the OOI you refer to? https://www.gov.uk/government/public...or-questioning

                          It's called something slighly different but looks the same, maybe the name has changed...

                          Comment


                            #28
                            mucker973,

                            the problem with making the tenant bankrupt is that you are probably going to receive nothing if you do that. If your hope is to get your money back, you would be better off with either the attachment of earnings or waiting to see how the tenant does finanicially going forward. If the tenant wins the lottery, gets a better job, brand new car etc the likelihood of you getting your money increases. The only LLs that i have seen make their resi-tenant bankrupt have either done it becuase they believed they had assets before starting proceedings or because they had an axe to grind (not commenting as to whetehr it was valid or not!)

                            Comment


                              #29
                              I can see the sensible financial argument about making an attachment of earnings but it appears the OP will get nothing back anyway, i would wish to take the action that would cause this serial defaulter the maximum damage to her being able to obtain another property to rent, she clealry is very skilled at not paying rent and being evicted, i see nothing in all the posts to indicate she will change, i would be of the opinion that no money will be coming my way so i would do what is needed, and if that is to bankrupt her then that is what would happen............. i would however do as others have said and speak with your '' friend '' ! They are either nothing of the sort or they were hoodwinked as well.
                              Last edited by Hudson01; 30-05-2022, 07:43 AM. Reason: spelling

                              Comment


                                #30
                                Originally posted by mucker973 View Post

                                Is this the OOI you refer to? https://www.gov.uk/government/public...or-questioning

                                It's called something slighly different but looks the same, maybe the name has changed...
                                Yes N316 is the correct form. See the guidance: EX324 - How do I apply for an order? (moneyclaimsuk.co.uk)

                                There is a fee for filing the N316, not a huge amount, but in trying to inconvenience the tenant you are also hurting yourself a little bit.

                                Comment

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