CCJ successfully issued against T - can I write to T to explain what I intend to do?

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

    CCJ successfully issued against T - can I write to T to explain what I intend to do?

    Tenant has been issued with CCJ in respect of rent arrears. In an attempt to get them to pay without need for further Court action, I would like to write to them to explain my options, ie that I can apply to Court for Order to obtain information then AoE (he is in full-time employment), Warrant of Execution, 3rd party debt order, etc. I think the idea of having to attend Court to provide statements under oath in respect of earnings, outgoings, etc, might just persuade him to pay.... if not, perhaps the idea of bailiffs coming to the house.... Provided I get my facts right, is it worth a try? I don't want to be accused of harassment!

    #2
    Why don't you take out a S21 to get rid of him or S8(using grounds of non payment of rent - 14 days in arrears). Why would you want to keep a tenant like this?



    Freedom at the point of zero............

    Comment


      #3
      Tenant vacated last October, thank goodness but I tracked him down and issued Court proceedings for outstanding rent. Now the Court have issued a CCJ against him I want to try to get the money without need for further Court action (and expense).

      Comment


        #4
        Apologies - my original post is not clear enough - I should have said FORMER tenant.

        Comment


          #5
          I think you will have no chance without further action - people like this dont care about having to go to court etc. The most important thing is that he has assets - is the car on HP etc. Otherwise if you go down the court route (which will cost) you will still get nothing. Sometimes you just have to put it down to experience. The thing that annoys me however is that, unless you do take further action, the CCJ is not recorded against the tenant and will cause him any problems....
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #6
            I would do the attachment of earnings. 3rd party debt order only gets you money if he has it in his account on the day. It may will cost you the court fee ( which is added to the claim) but the pleasure of having his employer taking money out of his wages for you is worth it.I would not inform him of anything you are intending to do to recover the debt as this would give him the chance to scupper your plans.Just do it.

            Comment


              #7
              He hasnt had any CCJ's previously although I know he owes money elsewhere (except they havent found him at his new address yet). I agree re the 3rd Party Debt order - he'll owe the bank anyway so it would be a waste of time. AoE was always my favourite option and I know his employer - they gave him a reference when he took up the tenancy but I later told them I was having problems and they were really surprised - I don't think he'd want his employer to know he had a CCJ. What do you think he could do to scupper my plans re the AoE?

              Comment


                #8
                In the extreme he could pack his job in. If he was well in with his boss he could get himself " fired" then after your AoE has come and gone get rehired. You really need to just do it before someone else does. He owes you money. You will get a huge feeling of satisfaction when you get money out of him. I would have been down the court house at the earliest opportunity.

                Comment

                Latest Activity

                Collapse

                Working...
                X