Using PCOL- s.8 of 1988 Act- success!

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    #46
    Ok, well I'm going to step up attempts to contact them this week.

    I'm pretty certain my tenants are both in full-time employment but I don't know what kind of savings they have if any. Is getting a "EX324 - Order to obtain information from a judgement debtor" worth it or should I go for a straight attachment of earnings? Anyone know how long an EX324 takes to process?

    Also, once they're out I presume that I'm going to have no forwarding address, only their employee details if that influences my decision any.

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      #47
      The problem with having them in for oral examination/questioning is that the order has to be served on them personally by a bailiff from the county court. If that does not happen, then that process grinds to a halt until personal service is efffected. So if you get skates on, you could go this way and have them served before they leave.

      In my view, you should go for an attachment of earnings - get on with that as soon as they fail to pay on the possession order (you cannot take this out until the date on the order by which they must pay has passed). This may elicit their new address eventually as well as securing payments but note that payments will only attach whilst they stay in this employment.

      The other way, and from my experience bailiffs are reluctant to do this, is when executing the Warrant for Possession (if they dont leave voluntarily), the WOP application on the PCOL website gives you the option if issuing not only for possession, but the outstanding court award as well. I can imagine the court bailiffs not wanting to do this if it can be avoided because to not only evict, but sieze their goods as well is potential for turning a peaceful eviction into a resistive one.

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        #48
        Thanks. Today is deadline day so I'm going to try and get hold of my tenants and at least find out their intentions. Will keep this thread updated.

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          #49
          Tenants claim to be moving out today so I'm trying to arrange for cleaners/estate agent etc. to visit tomorrow so I can get someone reliable in ASAP.

          The next big step is to go for attachement of earnings so I'll keep people posted on that one if useful.

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            #50
            The tenancy was joint but looking at the attachment of earnings form it seems to be on an individual basis. Do I complete a form for each tenant?

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              #51
              Originally posted by sbedvek View Post
              The tenancy was joint but looking at the attachment of earnings form it seems to be on an individual basis. Do I complete a form for each tenant?
              ??? As far as I can tell you haven't got a judgement against the tenants yet - you have to get that before you can apply for an attachment of earnings order.

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                #52
                On the order for possesion, along with stating the defendant give up posession of the house, it also states....

                "The defendant pay the claimaint £x for rent arrears"

                "The defendant pay the claimants costs of £100"

                "The defendant pay the total amount of £x"

                Surely this is a judgement? The judge just said that I had to apply seperately for an attachment of earnings if they moved out but did not pay which is what has happened.

                The only thing I'm unsure about is a line, directed at the defendant, which states "The claimant will send you a copy of the bill of costs with a notice telling you what to do if you object to this amount. If you do object, the claimant will ask the court to fix a hearing to assess the amount".

                I'm not completely clear on my obligations here. I've consistently sent them paperwork regarding what they owe and the posession order already summarises this as stated above. I'd appreciate any advice on this.

                Thanks.

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                  #53
                  I am confused too!

                  I have read some posts on this forum as I am in a similar situation myself, and must say that I am confused about this.

                  The post by Davidjohnburton (above) suggests that you can enforce a PCOL money judgement through AofE but others I have read seem to imply that you have to make a separate claim for the money judgement before it can be enforced. Some advice appreciated here, thanks.

                  Comment


                    #54
                    If the court order for possession states that an amount of money has to be paid by x date, then that is a judgment commonly known as a CCJ and it thus can be enforced in default by any of the usual methods.

                    A S8 ground 8/10/11 order will nearly always include a money judgment

                    S 21 possession wont except for the court fee.

                    Comment


                      #55
                      Originally posted by davidjohnbutton View Post
                      If the court order for possession states that an amount of money has to be paid by x date, then that is a judgment commonly known as a CCJ and it thus can be enforced in default by any of the usual methods.

                      A S8 ground 8/10/11 order will nearly always include a money judgment

                      S 21 possession wont except for the court fee.
                      Thanks. I think the confusion was from one of my earlier posts when I think I initially misunderstoodwhat the judge and had not yet received the order.

                      Anyway, my earlier question still stands - The tenancy was joint but looking at the attachment of earnings form it seems to be on an individual basis. Do I complete a form for each tenant?

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                        #56
                        Originally posted by sbedvek View Post
                        Do I complete a form for each tenant?
                        Why wouldn't you?
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

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                          #57
                          Originally posted by thesaint View Post
                          Why wouldn't you?
                          E.g. if they're jointly and severally liable.
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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