Help! Can i sell my debt to a collection agency?

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    Help! Can i sell my debt to a collection agency?

    Hi

    This is the first time I have used this website. I was hoping I might get some advice.

    I have been to court and have been given a procession order and money order. I don't expect the tenant will pay or leave until the day before the bailiff goes.

    How can I get the money back after £5k Can I sell the debt to a collection agency? and how much does it cost?

    Thanks for your help!

    #2
    You could try to get the order passed up to the High Court and then use a high court bailiff to enforce it; costs you about £60 I think and all of their fees get added to the debt when they collect so you get paid in full (assuming they are able to collect) and the tenant ends up paying for them. They have more powers than a county court bailiff, they are empowered to take walking possession of the tenants goods if they believe they will cover the debt i.e. cars, TV's etc
    My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

    Comment


      #3
      You can sell your debt to a collection agency - but your chances of finding one willing to buy it are next to zero. If you do find one - let me know (seriously - I have a big one!)

      oaktree suggests HCEO, which is a good idea but can be expensive if they can't recover anything. Your other options are here: http://www.guardian.co.uk/money/2010...force-judgment

      Comment


        #4
        Thanks for your Replies!

        If the bailiffs go to the property and cannot gain access what do I do then?
        With the procession order do I have the right to open the front door?

        Comment


          #5
          Its a Possession order, not procession although ironically it does involve a process.

          Take a key and have a locksmith on standby if you think they may have changed locks, the bailiff is there to fulfil a court order and will gain entry for you, remove anyone still in the property, and quickly check the property is vacated before handing possession back to you. Either way you will need to change the locks as soon as the bailiff says its ok to do so.
          My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

          Comment


            #6
            Originally posted by oaktree View Post
            .......... the bailiff is there to fulfil a court order and will gain entry for you, remove anyone still in the property, and quickly check the property is vacated before handing possession back to you. .....
            Unless there are difficulties - eg (I'm sure it won't be this severe..) tenant shouting through letter box he's refusing entrance & will thump anyone trying etc etc ...

            In those cases I understand bailiff departs, returns , usually at another time/date, with Plod.


            Hope it goes well - most tenants leave just before bailiff arrives...
            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


              #7
              Learn how to change a lock yourself - it's quite easy.

              You will have to be there when the bailiff is there. The bailiff will have a quiet word with the T to make the situation clear. Take a load of extra binbags, Ts never have enough. Take a book or newspaper to read so you're standing around feeling even more awkward.

              It's difficult to ask the T if they want some binbags (keep them in the car) but it breaks the ice. When they're about to go ask them for their forwarding address, or if they say they're going to live under a bridge or in a wheelie bin, ask them for another address where you can forward post.

              They might just tell you where to shove your binbags. Ignore them.

              As for the money,in writing, if you can't contact them, wait about 4 weeks so they get settled with Sky etc and leave a trail, and ask findermonkey or some other tracing company to find them. Then start chasing for the money.

              Hope this helps.

              Comment


                #8
                I don't know of any DCA that purchase debts unless they are bulk debts such as mobile phone contracts, bank loans etc and the practice is regulated. Bailiffs & HCEO are prohibited from being involved in the buying of debts. Your best chance is to enforce your money order.

                Comment


                  #9
                  Originally posted by Berlingogirl View Post
                  Learn how to change a lock yourself - it's quite easy.
                  When we get a locksmith, it is to gain entry if the lock has been changed, not a simple lock change.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by thesaint View Post
                    When we get a locksmith, it is to gain entry if the lock has been changed, not a simple lock change.
                    As you say, when the Locksmith is called its to gain entry. The law states that reasonable force may be used to gain entry & using a locksmith would be reasonable whereas using a sledge hammer to open the door might be seen as a bit forceful/aggressive .

                    Comment

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