Ccj

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    Ccj

    Am I correct in thinking that if you are successful in suing an ex tenant for rent arrears and they elect to pay monthly, that a CCJ is automatically put against their name?

    Mr/MrsLandlord

    #2
    You are not correct.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      I am not sure, can someone please clarify, this is the relevant legislation;

      http://www.legislation.gov.uk/uksi/2...ulation/9/made

      Exempt judgments – High Court and county courts
      This section has no associated Explanatory Memorandum
      9. Regulation 8(1)(a) does not apply to—

      (a)any judgment made— .
      (i)in family proceedings; .
      (ii)by the Administrative Court; or .
      (iii)by the Technology and Construction Court; .
      (b)any judgment made in proceedings which are the subject of an appeal under Part 52 of the 1998 Rules, until that appeal has been determined; .
      (c)any judgment, other than a liability order designated under section 33(5) of the Child Support Act 1991, where the hearing was contested, until— .
      (i)an order is made for payment by instalments following an application by the judgment creditor; .
      (ii)an application is made for payment by instalments by the judgment debtor; .
      (iii)the judgment creditor takes any step to enforce the judgment under Part 70 of the 1998 Rules (general rules about enforcement of judgments and orders); .
      (iv)the judgment creditor applies for an order under Part 71 of the 1998 Rules (orders to obtain information from judgment debtors); .
      (v)the judgment creditor applies for a certificate of judgment under rule 8 of CCR Order 22 in Schedule 2 to the 1998 Rules;


      Which suggests it is registered, but then goes on to say;


      (d)an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order under Part 70 of the 1998 Rules
      ;

      Comment


        #4
        I've just had two different answers from two different county courts.

        So I guess the answer is, it depends on the individual court and the court order. If you give them a case number they can tell you for your particular circumstances.

        Comment


          #5
          Originally posted by Mr/MrsLandlord View Post
          Am I correct in thinking that if you are successful in suing an ex tenant for rent arrears and they elect to pay monthly, that a CCJ is automatically put against their name?
          Quoting from http://www.trustonline.org.uk/unders...d-the-register

          "Most CCJs will appear on the register but there are some that don’t. To be capable of being registered the judgment must either have been issued in default (i.e a judgment without trial where no defence was entered) or else defended and payment is by instalment order or where enforcement action is being taken. (There are other conditions and exemptions and for the full list of criteria please refer to the latest statutory instrument relating to the Register of Judgments, Orders and Fines Regulations.)"


          Here's the statutory instrument. See regulations 8 and 9.

          http://www.legislation.gov.uk/uksi/2.../contents/made

          Reg.8 essentially says that all judgments will go on the register. Then reg.9 gives the exemptions. (I'm only highlighting the relevant bits):

          9. Regulation 8(1)(a) does not apply to—
          (a)...
          (b)...
          (c) any judgment, ...., where the hearing was contested, until
          (i) an order is made for payment by instalments following an application by the judgment creditor;
          (ii) an application is made for payment by instalments by the judgment debtor;
          (iii) the judgment creditor takes any step to enforce the judgment under Part 70 of the 1998 Rules (general rules about enforcement of judgments and orders);


          The key word is 'until'. The judgment won't go on the register until (i) or (ii) or (iii) applies.

          In other words, if the T defended the claim and lost, then if T is ordered to pay by installments, or elects to pay by installments, or you take any sort of enforcement action, then at that point the CCJ will go on the register (and adversely affect the T's credit history).

          If the T didn't defend the claim, and you got a default judgment, then it'll go on the register regardless.

          However, there is also the bit highlighted by boletus:


          9. Regulation 8(1)(a) does not apply to—
          ...
          ....


          (d) an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order under Part 70 of the 1998 Rules;

          As he says, this would seem to indicate that the judgment won't go on the register until you take enforcement action. This includes applying for an order to obtain information.

          Comment


            #6
            Actually, it's rather confusing, because reg.9(c) says, in full,

            9. Regulation 8(1)(a) does not apply to—

            (c) any judgment, other than a liability order designated under section 33(5) of the Child Support Act 1991, where the hearing was contested, until—


            It does not say 'other than' an order for payment as per reg.9(d), which seems to suggest that reg.(9)(c)'s 'any judgment' would include OP's scenario. It's 'any judgment, other than...'.

            Or is it 'trumped' by (d)?

            I suppose the surest way to proceed is to attempt some type of enforcement action, albeit I'm not sure whether you can when a debtor has already elected to pay by installments. Applying for an order to obtain information could still be okay, though.

            Comment


              #7
              Yes been down this road many times. if you win they get a ccj.

              Comment


                #8
                Originally posted by Ewan Charles View Post
                Yes been down this road many times. if you win they get a ccj.
                Yes, they get a CCJ but it (usually) doesn't go onto the register unless you enforce the judgement.

                Chances are, very few of your CCJ's have actually gone on the register, your ex tenants have had a good laugh at you and gone on to stitch up some other landlord.

                Don't take my word for it, check online here (costs 4 quid-tax deductable);

                http://www.trustonline.org.uk/

                Comment


                  #9
                  Thanks boletus!!!! Didn't know about that site... and am delighted (nay, over-the-bleedin'-moon..) to find a particular person has records there... (Scotland as it happens, )

                  Made my day....
                  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


                    #10
                    Great link Thanks.

                    Comment


                      #11
                      Ccj

                      Last week I asked,

                      Am I correct in thinking that if you are successful in suing an ex tenant for rent arrears and they elect to pay monthly, that a CCJ is automatically put against their name?

                      Today I went to the court for clarification, and was told, "if the ex T was paying monthly then they have to put a CCJ against there name, the clerk even showed me the relevant document that they use in such cases.

                      I mentioned that some courts are not applying a CCJ, he told me they were incorrect in not putting a CCJ in place.

                      Hope this helps everyone who replied to my original query.

                      Mr/MrsLandlord

                      Comment


                        #12
                        By 'elect to pay monthly' do you mean that they requested the court and that the court agreed?

                        Comment


                          #13
                          Originally posted by jjlandlord View Post
                          By 'elect to pay monthly' do you mean that they requested the court and that the court agreed?
                          Jjlandlord

                          When we first started the court proceedings our ex T was working, when we got to court she said she had lost her job, so she was unemployed and couldn't afford to pay her arrears, she said to the judge she could only afford to pay £5 per month, we told the judge we could both be dead before the arrears were paid and also that she had managed to clear other debts she had ie gas and electric bills, the judge then told her she had to pay £10.

                          Mr/MrsLandlord

                          Comment


                            #14
                            Thanks for the reply and the update!

                            Comment


                              #15
                              Two related threads have been merged.
                              I also post as Mars_Mug when not moderating

                              Comment

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