Registering a CCJ

[jghomer]

Something I am still not clear on, and from my communication with local county courts, neither are they!....

When a Possession Order is granted with an order to pay rent/costs etc, how do I go about having this registered as a CCJ on the tenants record when they fail to pay?

Forget enforcement, as I have absolutely zero faith in the process, and all it's previously served to do is cause me to throw good money after bad.

But I simply want to make sure it will appear on their credit record.

Believe it or not, I can't get a straight answer even from the courts!

Any thoughts anyone?

[Lara]

When I went through the same process a while back, I was advised that CCJs are not automatilly registered for judgement on rent arrears.

You call Trust Online with the case number and if I remember correctly, they can call up the case details and it then gets registered.

[jghomer]

Thanks Lara

I just emailed them and got the following response :

Judgments are registered, amended or deleted from the public Register on notification from the relevant court.

and

Possession orders can be registered if they are for a monetary award; however they are only recorded on the public Register if action has been taken to enforce payment of the monetary award.

[Lara]

Might be best to call them and speak to someone until you get an answer. I did get the run around a bit, because initially they told me that the court would register the judgement and when I went back to the court, they told me it wasn't upto them and I would have to do it myself, so back to Trust Online and this time I got someone who picked up on the fact that it was a judgement for possession on residential property and registered it for me there and then.

Give them your case number and they can look up the details to see if judgment was awarded or not. Then ask them to register it.

[jghomer]

Thanks Lara, I will try it and report back :-)

[jghomer]

Well they categorically state 'Judgments are registered, amended or removed from the public Register on notification from the relevant county court.'

So now I've emailed o local court, no doubt for them to tell me it's not their job either!

[theartfullodger]

See Dave's advice here..
https://www.gov.uk/county-court-judg...-debt/overview

& CaB here...
https://www.gov.uk/county-court-judg...-debt/overview

...
If you accept you owe all the money, you'll have a CCJ made against you. But if you pay the money within one month of the date of the CCJ, the order won't appear on your credit file.

[Lara]

Have you tried calling and asking if your judgement has been registered? You will need to give them your case number in order to check.

[JK0]

What a f***ing joke, eh?

TPTB obviously don't want these judgements to be on anyone's credit record, as they will impede tenants getting private housing, and so force TPTB to provide council accomodation.

(Why on earth should I waste more money pursuing a tenant for £175 possession order fee that I know she hasn't got, in order to alert other landlords to the fact that she spends her housing benefit on things other that rent?)

[jghomer]

Well here's what the court say........

When a possession order is made with costs it is not registered. It is only registered when enforcement proceedings are issued for the costs.

So in short, unless we throw pointless money at enforcing against someone you know cannot pay, they have absolutely nothing registered against them.

I don't know about you but I think civil law is just great.

[Lara]

jghomer,

What have Trust Online said when you asked them if your judgement had been registered?

[jghomer]

Yes, after they emailed me I called them. They said they cannot register CCJ's without instruction from the court. The whole thing is utterly ridiculous. :-(