Judgment Enforcement Options

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    #31
    https://www.citizensadvice.org.uk/de...arging-orders/
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #32
      Thank you KTC, that's really helpful. I had a read through the info on the order to obtain information as well. They have said that they have filled in form N245 but I'm not convinced that they will have completed it truthfully if this has even been done at all. In court they told the judge, when asked, that they could pay within the 14 days but the next day announced that they couldn't (more likely, just didn't want to!)
      I had a look at the form online and couldn't see any information about providing evidence to back it up but I assume that this would be asked for once the form had been returned otherwise they could just say they have no income, no savings, no assets etc etc - they lied in their defence witness statement so I can't imagine they will be truthful on this either!

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        #33
        I have received the N245 form and it seems I'm not the only person they owe money to.... rent, council tax and utility arrears and a large credit card debt - all in all they owe at least 25k
        There is also a repossession order on the property they rent for a breach - subletting via Air BnB!
        We are talking about someone whose business (two businesses to be precise) is property management and lettings!
        It may be quite some time before I see any of my deposit back!!!

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          #34
          They'll probably go bankrupt/be forced into bankruptcy & you may never see anything. (Happened to me, £17k+ council tax & £500 owed to me).

          But keep after the toad
          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...

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            #35
            Oh I will!
            His original agency went into liquidation and, looking on companies house, accounts are overdue on both of his current companies so I suspect he is in a lot of trouble - he is entirely unfit for purpose as a landlord, no deposit protection, no gas safety checks or certificates for the majority of my tenancy (rules don't apply to him as far as he's concerned, he's just been caught up with for not having a TV licence!) IMO he deserves to have his businesses go under!

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              #36
              He needs a good kickin'
              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...

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                #37
                Thanks for this. Does anyone have any recent experience of waiting times for the warrant for possession and bailiff appointment. We're nearly 6 weeks on from applying for the warrant, with no response from the courts (Berkshire) as to a date - goodness knows when that will be. The process was started with the section 21 served last JUNE......

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                  #38
                  (Not from direct experience)

                  Sounds about right. See page 6 for England & Wales national average. (TL;DR: 11 weeks from claim to order, 38 from claim to warrent)
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

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                    #39
                    From my recent experience the courts are running massively behind.
                    Totally different situation to yours but I went to court at the beginning of December, defendant, who was present, was told in no uncertain terms by the judge that they had 14 days to pay. The case wasn't typed up until last week and the defendant has now been given until mid Jan to pay and the deadline for paying their counterclaim fee was extended from mid December to mid February!

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                      #40
                      Originally posted by AJT1000 View Post
                      Thanks for this. Does anyone have any recent experience of waiting times for the warrant for possession and bailiff appointment. We're nearly 6 weeks on from applying for the warrant, with no response from the courts (Berkshire) as to a date - goodness knows when that will be. The process was started with the section 21 served last JUNE......
                      I applied for a warrant of posession on the 10th Jan and got a bailiff appointment for the 3rd week of Feb. This was with the watford county court.

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                        #41
                        I got a tenant who is receiving universal credit for housing elements and do not work, now 4months rent in arrears, I am taking him to court for possession. Is the court able to issue a possession order and a pay-rent order at the same claim if I am successful? What option do I have if he still don't pay, and don't pay ccj either? What about if he eventually moved out and won't tell me his new address? Is ccj able to get his new address from somewhere else?

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                          #42
                          Any advice on using Debt collection agency? Come cross this from google, http://www.property118.com/debt-coll...-no-fee/38229/
                          Is it trustworthy?

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                            #43
                            Originally posted by Lorimer View Post
                            Good news. I have just contacted the tenant referencing company that we used to enquire whether they had any additional information on the tenant which had not been included in the PDF report that they had sent us. They said 'yes' and were able to provide me with a payroll number and also a job title and location for the tenant. I have just put the completed attachment of earnings application form in the post and have everything crossed. Wish me luck that I do not end up with a 10 pence a month order. The tenant owes us over 10K, including interest and fees!
                            I am first time landlord in the same siutation, facing court to evict non paying tenant my first one and phd in rent dodging...would you be able to guide , she keep chaning jobs , no bank balanace single mother working as care assisstant minmum wage job but she do get child support, benefits etc and she always work part time but different jobs every month.

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                              #44
                              No chance of getting what's owed, then.

                              Make sure you register the ccj. It doesn't happen automatically when the judgement is part of a repossession hearing so you have to apply to have it done so it appears in the tenant's credit history.

                              That's possibly one of the reasons the tenant's got away with it previously.
                              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


                                #45
                                One thing to consider is that on occasion peoples life situations change over time. If you have judgment that lasts for 6 years, in that time they might meet a partner and want to rent or get a house. Or their financial situation may improve. It may be worth tracing them in 5 years time to see if it's now time to enforce your judgment before it expires.

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