HCEO on ex-tenant on Housing Benefits

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    HCEO on ex-tenant on Housing Benefits

    After going through the long and drawn out eviction process, I have now regained possession of my property! Many thanks to all for helping me with questions I asked in previous threads.

    This is quite a long post explaining my situation, you can just skip to the end for the actual questions (I've put them in bold font), or read it all if you're bored and want a horror story!

    Whilst there was quite a fair bit of money owed in rent, I was prepared to forget about it and not bother getting the ccj i have on the tenant transferred to the High Court. However after getting the possession order granted, relationships went downhill with the tenant, and sadly she started to show her true colours...

    Firstly, she attempted to claim the deposit shortly after the possession order was granted, saying that she wanted the deposit back so she could "give it to me to pay of some of the rent arrears"...I of course knew this was BS, and rejected the claim. She then tried to claim that the judge had said I wasn't allowed to withhold the deposit for unpaid rent during our hearing...absolute nonsense of course!! I told her that if she was going to give me the deposit anyway, I'd make the claim to have it paid back to me directly..she declined to accept!!

    The deposit debacle was the first sign that she was going to be awkward, and from that moment on our relationship became worse and worse. However, at this point I was still wasn't bothered about the money owed and just wanted the property back so I could move back in.

    After getting possession of the property back, I was simply shocked at how badly she had ruined it. I had been there a while back and it was fine, it is almost as if she had gone out of her way to break things out of spite, and I'll be honest, when I got in the property I was as close to tears as I've been in a long long time...and I'm a fully grown man!! I was completely disgusted by it...I couldn't believe that despite the goodwill I had shown throughout the tenancy that she would do something like this. I was also amazed at how enthusiastically my ex-neighbours greeted me when I returned and let them know I'd be living there again, and was told numerous stories of how everyone in the cul-de-sac was fed up of her and that she and her kids had caused numerous problems for them. Everyone who popped in to say hello and looked at the damage was disgusted by it and even offered to help me clean up things...they actually felt that sorry for me!

    So anyway, I found out that this freeloading tenant has been going on nice holidays to Spain and has another holiday booked for next year, so she's obviously living a much more luxurious live than I am, and we're all paying for it, so I've now decided that even though it probably won't get me much back, I'd like to get the CCJ transferred to the High Court, and also any other things I can do to help get back anything.

    So from my research here, I've found that I can use a people finder service to get her new address (ofc she didn't leave it with me!).

    Once I have that address I can then pay £60 to get a HCEO involved, which from my understanding would mean they pay her a visit, take away her 52" luxury television, expensive jewellry and so on? Am I correct in assuming this, or can they only take certain items? Has anyone here had any success getting any money from a HB tenant like this?

    The other thing I was thinking I should also do, is getting an Attachment of Earnings Order. I figured this would be a waste of the time, but if she's able to afford 2-3 holidays a year to costa del sol, would this be of any help? She's obviously got some money stashed away somewhere...

    And finally, I read somewhere that I can get someone kind of freeze on her bank account and then have money taken from her bank and paid to me. I may have misunderstood this (or perhaps this was something to do with US law)., if anyone knows what I going on about here, would be fantastic if they could clarify and point me in the right direction. I was thinking that if I got this done near her approaching holiday in the sun, there's likely to be some money in there?

    Thanks all for reading, I know it looks like I am looking to go about these processes for revenge, and I'm not going to lie, I am, but I just feel it is terrible that someone can bascially defraud the taxpayer, wreck someone's home, and then get a nice free council house as their reward, whilst looking forward to a holiday in Spain. I'm working 50 hours a week and collapsing in a heap when I get home, why should she get to live for nothing off our taxes?

    #2
    TBH, if the tenant has no assets or any income stream, I would be inclined to move on. I appreciate she may owe you thousands, damaged the property etc but you may spend more trying to recover the money in the long term.

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      #3
      stuff probably rented or on HP, only expenditure the lovely hols!
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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        #4
        I am in a similar situation to you and am considering an "order to obtain information" it complels the tenant to attend court and answer a set of questions about their finances, you can also attend and ask additional questions like "Where did the money for your holidays come from? Do you own a television?"

        Has anyone any experience of this?

        Dave

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          #5
          No but you have to pay for it and could be throwing good money after bad!
          Unshackled by the chains of idle vanity, A modest manatee, that's me

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            #6
            Originally posted by islandgirl View Post
            No but you have to pay for it and could be throwing good money after bad!
            Yes I think the cost is about £60 plus travel expenses, if they are asked for, but it should also give you an idea if it is worth taking it further.

            For me I am happy to pay this to ask, for starters "How much did the sky+ multiroom that you had installed cost and where did the money for your daily taxi come from?"

            Dave

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              #7
              bad experience, move on, remember to take a guarantor with assets next time!!!

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                #8
                The Sky was a gift from my doting granny and she pays the subscription for me every month. The taxi is necessary for me to get to my medical appointments as I am very unwell and cannot walk properly and am in constant searing pain...
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  #9
                  Hi, all thanks for your replies, the humorous ones at least made me smile! I realise that taking action will cost me money, but while she's been living the high life off i have at least managed to get all my plumbing certs and am now making decent enough money to be able to pay for it. For me it's partly a principle thing, and if it costs me £250 to get £50, and at least know that she's been massively inconvenienced by it, then for me, that's worth £200!! I know it is petty, but when I'm out all day working my bo*locks off, knowing that she's probably sitting in some council house somewhere watching Jeremy Kyle irks me!!

                  I don't know, maybe these feelings of anger will pass away in a few days...but I think I'll still get the CCJ renewed every 6 years...you never know she might inherit some money one day and if she does and i hear about it I'll have to go for it!

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                    #10
                    Yes, go for CCJ, keep chasing the evil ar***le, if only so they don't tell loads of other people what a soft-touch you are, and as you might get lucky & make some £££. Oh, and it hopefully makes then suffer a bit.. Just my view mind (I'd take the same view of any debtor, be they landlord, agent, judge, bailiff, web-site entrepreneur... ). If you don't go for CCJ other landlords will miss a chance to find out they are a bad 'un from the credit check

                    If & when you see them wave, smile & greet the cheerfully: It really REALLY REALLY winds them up... !!!
                    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


                      #11
                      Originally posted by islandgirl View Post
                      The Sky was a gift from my doting granny and she pays the subscription for me every month. The taxi is necessary for me to get to my medical appointments as I am very unwell and cannot walk properly and am in constant searing pain...
                      LOL - depends how clever she is. You can ask for bank statements to be produced, if she has several accounts some could be hidden but she must have at least one for her HB (I dont think it can be paid in cash).

                      TBH I am not that hopeful but I am not going to let her get away that easily after trying so hard to help her. Ive got 6 years to keep her on her toes, its not the money (I realise thats probably lost) its the principle.

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                        #12
                        The only thing that worries me about going for a CCJ is the possibility of petty retaliations. For example, ex-tenant knows where you live (probably in most cases) and you could wake up with a nasty scratch on your car and not be able to prove who did it (but you'd have a good idea).

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                          #13
                          Originally posted by theartfullodger View Post

                          If & when you see them wave, smile & greet the cheerfully: It really REALLY REALLY winds them up... !!!
                          Haha, I will have to do that if I see her again!

                          Originally posted by daveg View Post
                          TBH I am not that hopeful but I am not going to let her get away that easily after trying so hard to help her. Ive got 6 years to keep her on her toes, its not the money (I realise thats probably lost) its the principle.
                          Yea this is how I feel, I more or less accept that I'm not going to get more than a few pennies back at best, but I would like to "keep her on her toes" as you say for my own personal pleasure. And you never know, I'm sure she spends our tax on lottery tickets each week so she could get a winning ticket!

                          Originally posted by Claymore View Post
                          The only thing that worries me about going for a CCJ is the possibility of petty retaliations. For example, ex-tenant knows where you live (probably in most cases) and you could wake up with a nasty scratch on your car and not be able to prove who did it (but you'd have a good idea).
                          This was one thing that also worries me. I don't own a car at the moment but it wouldn't good if the company van I drive took retaliation damage, and of course if my windows or something were broken I'd be pretty annoyed too.

                          Although I've been thinking about it, and as I park the van in the driveway in front of my house, it wouldn't be too expensive for me to install a little hidden camera, and it would be great to catch her or one of the many fathers of her children causing criminal damage on tape!

                          Comment


                            #14
                            Originally posted by islandgirl View Post
                            The Sky was a gift from my doting granny and she pays the subscription for me every month. The taxi is necessary for me to get to my medical appointments as I am very unwell and cannot walk properly and am in constant searing pain...
                            And funnily enough, a sky bill came in the post today addressed to a Mrs <<tenant's surname>>, and she isn't married and has a different first initial...so it was indeed either granny or mummy paying her sky bill!!!

                            Comment


                              #15
                              I can see the future.....wait till she starts with the "medical" stuff!
                              Unshackled by the chains of idle vanity, A modest manatee, that's me

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