pugsy Posted March 21, 2007 Report Share Posted March 21, 2007 Right, following on from my previous posts, my dumb ass tenant, young single working guy 6 month AST from 30 sept. Served section 8 in November for arrears, then served sect. 21 in jan to back up. Court hearing end feb, granted 28 day possession order for 27th march, suspended. Court had ordered rent current, arrears and costs, but tenant still has not paid or vacated, says he is moving on the weekend and has a bank loan to pay me, etc. etc. now owes £1650 in rent and court costs. Tenant does not seem to understand that he is on the brink of a ccj and feels no guilt that he is taking food from the mouths of my kids. I am really angry, if I involve bailiffs that will be another month. I am putting on the pressure for him to move on the weekend, arranging meter readings, informing him in writing that someone else is moving in on wednesday, etc. etc. I have played it exactly by the book and am also a young(ish) woman and I just don't think this guy takes me seriously. I want to scream and shout at him on the phone, but of course I don't. Should I involve a debt collector, do I need to advise the tenant in writing of this? I am in south wales and lots of the agencies that I see on the net are nowhere near here. Any advice on how to get tough and get my money. I am getting desperate. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted March 21, 2007 Report Share Posted March 21, 2007 Hi Pugsy Speak to Thornbury Debt Collectors www.thornburycollections.co.uk ask for Peter or Tom on 0844 8000 236 they are based in Pontyclun near Llantrisant and i personally reccomend them - they are very good and will advise you well ! Dont know what the implications are as you have already bean to court i do this the other way around(never been to court!) and negotiate them leaving immediately as part of the deal! far quicker and less expense ! try it next time. Tell them you got the no from simon the pine shop man on Whitchurch Road. Simon Link to comment Share on other sites More sharing options...
philipjm Posted March 21, 2007 Report Share Posted March 21, 2007 Dont know what the implications are as you have already bean to court i do this the other way around(never been to court!) and negotiate them leaving immediately as part of the deal! far quicker and less expense ! try it next time. You cannot levy distress for collection of rent (and whilst he is a tenant it is still rent). The COURT has issued the judgement for the arrears and it is up to the court bailiffs to enforce that order. Once the tenant moves try to get his new address. Then you can apply for the court bailiffs to handle the matter. There will be little or no extra cost to you. The defendant pays the bailiffs fees. Link to comment Share on other sites More sharing options...
pugsy Posted March 21, 2007 Author Report Share Posted March 21, 2007 thank you so much for the name, it really helps to be referred to someone who can help. to be honest i did try a debt collector before the court thing, but all they did was send him letters which i don't think he would have opened. this guy needs knocking on doors and phone calls 24/7 which i cannot do because of my family committments, so thank you. hopefully they can rustle up a response. Link to comment Share on other sites More sharing options...
GPEL Posted March 22, 2007 Report Share Posted March 22, 2007 Court bailiifs seem to be generally pretty limp wristed, use a private company to conclude enforcement. Link to comment Share on other sites More sharing options...
pugsy Posted March 26, 2007 Author Report Share Posted March 26, 2007 This tenant is really pushing his luck and is staying in the property until the date noted in the possession order. I think I am going to use private debt collectors to conclude enforcement for me. The tenant is petrified now and wants to make a plan and pay off arrears over the next few months to avoid debt collectors and his ccj. Considering he's not paid me even a tenner since beginning december and has continually lied to me, why should I trust him. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted March 26, 2007 Report Share Posted March 26, 2007 Is he petrified because you threatened a debt collector ? I find this is usually the case ! If you do accept a payment plan make sure you get it in writing and he signs it - also do not accept a promise even in writing - make sure you get post dated cheques - if these bounce it will make your position much stronger than not having them at all! Personally i would play hard ball with him - I would demand full cleared payment within 7 Days (subject to court instructions) - If he cant raise cash -can he pay by credit card ? -(see below) or can he get overdraft ? Loan? family loan(credit card)? Assure him that you mean business this time and you will not be letting up on this , also explain quite clearly that if the monies are not received by close of business(5pm )on xyz then the file will be passed collection agency first thing the next morning - also explain that they "the tenant " will be resonsible for all collection fees (start at approx 15%) plus any expenses they decide to cost the DC agents. Once file has been pased these fees will not be deducted from the account even if paid immediately. Aslo impress upon the tenant that you will have very little or no control over the Collectors actions once the file has "passed over" and that it will be much cheaper and easier to sort it NOW with you directly but it is of course his perogative to make his own life very difficult. Send all mail by at the very least first class recorded del i use a next date signed for courier so i have an absolute record that they have received my correspondance - equally important is the physological effect on them of a sign for package. Please see earlier post : speak to a DC and get some advice from the horses mouth! in today's world i am astounded by the number of letting agents and Landlords NOT in a position totake payment this way - just open a paypal acc online www.paypal.com Please note I am talking about legal licensed debt collectors NOT paid thugs - (I dont always remember to tell the tenant this though ! I can be a bit forgetful on times!) Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.