Court case

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    Court case

    We are at court next week to try and get unpaid rent from ex-tenant, she has told mediator that she is claiming job seekers allowence and is not working, I saw her at work last week so I think she is lying yet again (she has tried this before telling us she had lost her job when she was infact on holiday). I understand that job seekers allowence is payable to anyone working 16 hours per week, she only works 2 days/week so she would qualify for the allowence, but we have been told she also does some work privately (she is a hairdresser). Is there anyway we can check to find out her work status (please dont say ask staff at shop because they all stick together), and also is there any other LL been to court for rent arrears because both my wife and I are worried sick about it.

    Thanks

    Mr/MrsLandlord

    #2
    Grass 'er up to HMRC anonymously for her earnings (I've done it to a ex-tenant for their subletting £££££)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      tehartfullodger

      Thank you for your prompt reply, that will happen at a later date also will be informing Job Centre Plus re benefit fraud but that does not help us getting back what we are legally owed.

      Mr/MrsLandlord

      Comment


        #4
        When you saw her at work last week was there anyone with you who also witnessed her working. As obviously at the court hearing she will deny working but faced with your witness her credibility goes to pot. If she denies working there ask the Magistrate to adjourn the hearing and request that the salon owner be asked to attend a hearing in view of you actually seeing here working.
        The chances are though that she wont turn up.

        Comment


          #5
          Do some detective work .For example watch her place of work .take pictures make a diary .take it to court and produce it after she claims shes unemployed .contempt of court should see the judgement in your favour ?

          Comment


            #6
            Always Problems

            There was no one with me at the time, if we request an adjournment wont that mean us paying for more court time?. We are know getting very worried because even if we do win (and I can see no reason why we shouldn't) the judge may say she has to pay a stupid amount off her arrears per month which means we could be dead before her dept is paid!

            If she has decided to leave her employment just because of the court hearing and gets a judgement made against her, and the judge says she has to pay £10/month, what will happen when she gets another job? will we haveto go back to court to get her earnings reassesed?, and if so what will be the fee's for the courts time?

            Mr/MrsLandlord

            Comment


              #7
              Originally posted by Mr/MrsLandlord View Post
              Always Problems

              There was no one with me at the time, if we request an adjournment wont that mean us paying for more court time?. We are know getting very worried because even if we do win (and I can see no reason why we shouldn't) the judge may say she has to pay a stupid amount off her arrears per month which means we could be dead before her dept is paid!

              If she has decided to leave her employment just because of the court hearing and gets a judgement made against her, and the judge says she has to pay £10/month, what will happen when she gets another job? will we haveto go back to court to get her earnings reassesed?, and if so what will be the fee's for the courts time?

              Mr/MrsLandlord
              Maybe you could point out that if judgement is made against her, she will have a CCJ for 6 years and a debt that you will not let go .

              I would rather sell the debt to a debt collector for pennies than let myself be dragged into a situation of 10 quid a month for life ...

              Comment


                #8
                Lingy

                How do we sell a dept to dept collector and what are the costs

                Thanks

                Mr/MrsLandlord

                Comment


                  #9
                  Contact a debt collection agency .You can either sell the debt or pay them a percentage .Even if she does you on the 10 quid a month at least you have done somthing .I am pretty sure any debt is salable if owed to your business ? Contact all three of the credit reference agencies and report her debt to them .ruining her ratings ,Ok this seems harse but its fair after the stress shes caused you ...

                  Comment


                    #10
                    Would it be possible to go to the salon with that day's newspaper and a friend with a camera? Take a picture from outside of woman at work, and you with the newspaper outside the shop window. (Keep the newspaper to show the judge.)
                    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                    Comment


                      #11
                      JKO

                      I think she will be trying the same tactis she tried before when we gave her a FINAL DEMAND ie taking a holiday from work until court case is over.

                      It seems to me that there is not a lot we can do other than except what the judge says regarding her rent arrears if she claims she is unemployed. Proving she is still in gainful employment is difficult for us to do as all her work friends including the salon manager will stick together because she is the 'poor unfortunate girl who has made a mistake and cant possibly aford to pay what she owes us'!

                      I have one last option which I will not disclose to anyone yet but if it pays off we will be able to prove yet again that she is telling lie's, and to a county court judge!

                      All this wont stop us from feeling very alone in the court room, we both just pry that justice will be done and hope she see's the error of her ways, because all we have tried to do is help her to reach an ammicable solution.

                      Thanks

                      Mr/MrsLandlord

                      Comment


                        #12
                        If you are in small claims, don't worry. Yes it is formal, but it's not really intimidating - just like being in the Headmasters office! In some courts, the hearings are not even held in a 'court', I went to one in Bristol once that was just in an office.

                        I would ust go for the judgement and try and argue against her paying the £5/£10 a week. Whatever the outcome, you can folow it up with an 'order to obtain information', which (amongst other things) will enable you to request her last 3 months worth of bank statements. If that reveals evidence of working etc you can write back to the court and ask them to reconsider.

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