Judgment Enforcement Options

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  • shami1258
    replied
    thank you for that very useful info

    Leave a comment:


  • Darth Wookie
    replied
    Permission needed to enforce a suspended possession order
    Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034 (http://www.hardwicke.co.uk/insights/...ssession-order)

    Don't know how many of you have experienced this but I'm finding it increasingly frustrating, and expensive. Some Courts are accepting a request for permission to enforce the order at the time of issue, and some are refusing, citing an examination of individual circumstances following a breach. Although the above case appears to have been ASB related, it's also being applied to rent possession cases. As usual, no consistency in the application of a ruling. Hopefully it's overturned or clarified soon.

    Leave a comment:


  • jpkeates
    replied
    Yes, the bailiffs return possession to you, extinguishing the tenant's right to live there.
    Arrange for a locksmith to change the locks as they repossess.

    Tell the tenant that you are going to reposses, so that can remove their belongings.
    If they don't, I'd pay someone to remove them and put them into storage for a while (a third party is less likely to be accused of theft).

    Leave a comment:


  • Temp
    replied
    O.K. I have a new question:

    I have a possession order, but the Tenant is in Hospital and is likely to be there long term. All her goods and furniture are still in the property.

    Do I need a bailiff to 'evict' her even though she is not physically there? What can the bailiff do, or what should I ask him to do?

    Leave a comment:


  • banner257
    replied
    A very good informative post. Thanks

    Leave a comment:


  • Twin1
    replied
    Thanks everyone. I have that information already. What I wanted to know was/is, can I add a note of the Section 42 of the County Courts Act to any Section 21 or Section 8 that I issue? Or does this only apply to the Court Application submission forms?

    Leave a comment:


  • theartfullodger
    replied
    See Lime House Legal's most recent newsletter..
    http://www.limelegal.co.uk/hlwemails...k23032016.html

    Possession proceedings against tenants

    In response to complaints that some High Court Enforcement Officers (HCEOs) have been using Form N293A to transfer County Court Possession Orders against tenants for enforcement to the High Court, the Queen’s Bench Senior Master has issued a practice note providing that (1) the Queen’s Bench Division Enforcement Section will not accept Form N293A for transfer to the High Court for enforcement of a possession order of the County Court other than for possession orders against trespassers; and (2) the Queen’s Bench Masters will not accept applications under Section 41 of the County Court Act 1984 for transfer of a County Court possession claim for enforcement – such applications must be made under Section 42 of the County Court Act 1984 to a judge of the hearing centre of the County Court where the possession order was made. There has been re-drafted Form N239A and drafted a new form of draft order (PF52) giving permission to enforce a judgment or order for giving possession of land in the County Court (other than a claim against trespassers under Part 55). etc etc etc etc etc

    Leave a comment:


  • vicks
    replied
    Note to all

    I am currently looking to review the above advice, may I suggest you read with caution as some of the above may be outdated now.

    Happy to try and help if anyone has a specific question.

    Leave a comment:


  • barbarausa
    replied
    Can you use the charging order against the debtors property if it is a jointly owned house? Also, if you go for the bankruptcy route can a jointly owned house be seized as property ( I guess not but what actually would happen? )

    Leave a comment:


  • YellowYeti
    replied
    Very helpful thread, I wanted to mention leaflet EX323 ( I don't think I can link to it, but google finds it fairly easily ). This is titled 'How do I ask for an attachment of earnings order?' and I found it very useful.

    Leave a comment:


  • vicks
    replied
    Originally posted by islandgirl View Post
    Does anyone know the answer to the following please - if you have a charging order against a debtors property can you still use one of the other methods (baliffs/3rd party debt order for example) to try to get the money (obviously lifting the order if you get paid)?
    Bit of a late reply but.

    You may use more than one method of enforcement at the same time as per:

    PART 70 - GENERAL RULES ABOUT ENFORCEMENT OF JUDGMENTS AND ORDERS
    http://www.justice.gov.uk/courts/pro...l/rules/part70

    Methods of enforcing judgments or orders
    70.2
    (1) Practice Direction 70 sets out methods of enforcing judgments or orders for the payment of money.
    (2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise –
    (a) use any method of enforcement which is available; and
    (b) use more than one method of enforcement, either at the same time or one after another.
    Hope this helps.

    Leave a comment:


  • islandgirl
    replied
    Does anyone know the answer to the following please - if you have a charging order against a debtors property can you still use one of the other methods (baliffs/3rd party debt order for example) to try to get the money (obviously lifting the order if you get paid)?

    Leave a comment:


  • dant
    replied
    Originally posted by jghomer View Post
    What if I don't think there is a chance of getting a penny from a debtor, but I want to make sure the CCJ is registered?

    I am aware that a possession order itself does not register a CCJ in the tenants name because the amount that is owed is not quantifiable at the time the order is made, but I haven't a clue how you do it!
    Charge the Judgment against any available assets that the tenant might own. Marston Group offer an asset search I believe.

    Leave a comment:


  • jghomer
    replied
    What if I don't think there is a chance of getting a penny from a debtor, but I want to make sure the CCJ is registered?

    I am aware that a possession order itself does not register a CCJ in the tenants name because the amount that is owed is not quantifiable at the time the order is made, but I haven't a clue how you do it!

    Leave a comment:


  • theartfullodger
    replied
    Thanks,...

    Originally posted by vicksenforcement View Post
    ....

    I believe Scotland doesn't have Bailiffs only Sheriffs.

    ....
    Almost. Sheriff is the Judge: Sheriff officers are the equivalent (-ish) of Bailiffs,..see
    http://www.smaso.org/

    Leave a comment:

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