Making a tenant bankrupt - Is it worth it?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • boletus
    replied
    Are they listed on the register here?

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

    Leave a comment:


  • jpkeates
    replied
    If you start the enforcement action, it should be added to the register as part of that process.

    Possible emphasis on the "should".

    Leave a comment:


  • mucker973
    replied
    DoricPixie ah get you! Jkpeates mentioned to me that I can request the court to add it to the register, any idea how I do that? I did some research and found the OOI form but it say anything about an option to register the CCJ.

    Leave a comment:


  • DoricPixie
    replied
    Originally posted by mucker973 View Post
    Anyone know how I report her to the credit people (Whoever they are called)?
    You don’t report anything to the credit reference agencies. The county court registers the judgement with the Registry of Judgments, Orders and Fines for England and Wales and from there the judgement ends up on the person’s credit files.

    Leave a comment:


  • mucker973
    replied
    Anyone know how I report her to the credit people (Whoever they are called)?

    Leave a comment:


  • DoricPixie
    replied
    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.

    Leave a comment:


  • Hudson01
    replied
    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

    Leave a comment:


  • CStevens
    replied
    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!)

    Leave a comment:


  • mucker973
    replied
    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...

    Leave a comment:


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

    Leave a comment:


  • mucker973
    replied
    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?

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • boletus
    replied
    Check they are entered on the register here (costs £6);

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

    Most evictions aren't registered.

    Leave a comment:


  • mucker973
    replied
    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)

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:

Latest Activity

Collapse

Working...
X