pugsy Posted July 5, 2007 Report Share Posted July 5, 2007 In march I took a tenant to court with a sect. 8 for rent arrears and got a suspended possession order for the property and the rental arrears and interest/costs. etc. So on eviction day we got our property back. Tenant didn't cough up anything, but as advised I got him to sign for arrears, 15% coll. fees, interest and court costs. The only forwarding address he gave me and even then I had to work hard to get one, was suposedly his grandmothers. He promised to pay when I threated debt collectors and over the next 9 weeks got £50 a week out of him. I know, it's a familiar story, he's stopped paying, changed jobs and there is still a sum of over £750 (not including interest and collection costs) outstanding. Debt collectors that I were recommended are uneasy about chasing him at his 'gran's' and need more details from me which I have not got. I have requested advice from HMCS, they have sent me that leaflet about warrants, attachments of earnings, third party debt orders and charging orders. I do not know which way to go. Is this another case of the landlord swallowing, or can I actually do something, at this point I'd settle for making sure that he gets a big fat CCJ. Many thanks for any ideas. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 6, 2007 Report Share Posted July 6, 2007 Hi Pugsy was that the DC i suggested ? If he has provided his "Gran's" address as forwarding address then serve notices and chase at this address ....DC may be uneasy but debt is still outstanding and "Gran" may cave in and give info ......If you can get an att on earnings then do it ....................OR as you say give him CCJ (and lose out...) ( If DC not happy about " gran " remove yours and his emtions by forgetting about "gran" - This is the "alt" or "forwarding add" provided ......period...Not recommending stress to old ladies in any way -but DC would have just called round there if you hadnt told them (gran) and handled it sensitively and may well have recovered your money - "gran" probably would have paid in cash immediatley ! What does DC recommend ? Ths problem stems back to "set up" where extremely relevant onfo like NI no and alt addresses employers details next of kin, bank details etc are now essential !! You are at least 450 better off than you would have been !! had you not followed this course of action.. My advice here may not recover all of debt this time but will help in the future: 1. 450 +750 =1200 -this is a lot of money to anyone and should have been acted upon a lot sooner! 2. When agreeing a time frame it should be as short as possible like- 28 days - (1200 at 50 per week is 24 weeks -too long as you have found out ! set it much quicker or DC action !!) 3. If you do not have alt addresses, employers details, copy of passport driving li, contact no's bank details etc then GET THEM AS PART OF AGREEMENT TO PAY DEBT and CHECK THEM AS COSHA ! Simon 4. 12 Link to comment Share on other sites More sharing options...
F-Prop Posted July 7, 2007 Report Share Posted July 7, 2007 Hi Pugsy! I had a similar situation some while back. A tenant did a runner owing rent and I tracked him down to his parents address. I sent the bailffs round and I was told that although it was his parents address, they could still remove goods unless his parents could PROVE they had bought them (interesting point I thought!) In the end he agreed to pay each month to clear his debts, I was happy with this because although he owed me money I wouldn't be comfortable knowing the bailiffs took his parents sofa or TV to pay me! So if you really wanted you could send the bailiffs round to your tenants gran's place with instructions to remove the furniture, but personally I think that would be a step too far! It's probably better to get an attachment of earnings. Trevor. Link to comment Share on other sites More sharing options...
pugsy Posted July 9, 2007 Author Report Share Posted July 9, 2007 My problem is that now I am trying to track him down, he has also moved jobs and left his former employer no further details. Should I be requesting his bank details and other previous addresses from my letting agent? I suppose they will give me the data protection riot act. I feel like I have no recourse here. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 9, 2007 Report Share Posted July 9, 2007 I bet "gran" knows where he is !!!!!!!!!!! Go and tell her your kids are starving because of him ...............you never know........ I bet "gran" has also got "access" to £1000 cash within less than a day ...................... I wold personally have requested all of the reference info immediately that I took over frm the LA - when i use LA for let only i get refs, Gars, Photo id's proof of res(utility bill), next of kin Alt address, bank details and a whole lot more info ! THIS IS BEFORE THEY EVEN SIGN THE CONRACT, LET ALONE MOVE IN, OR RUN UP A DEBT !!!!!!!! (usually!!) Data protection ?? I would agrue that they are "managing" on your behalf (are or were they ?) or did you just use them for T find only ? Either way demand that they hand over whatever they info they have .....! With new TDS (ins) you need an alt add and tel just to fill the cert in !! Get better set up in place, review contract and procedures, get copy of photo id (passport or Driving L) set penalties in ast - then you have a good arsenal in place and most T will respect you for being professional and organised - Do i lose Potential T because of this YEP ............Great the ones i didn't want !......................... Screen the Sxxx out ...............! As someone siad on another thread "most of my Tenants are people i would would happy to go for a beer with and some have become very good friends" having said this i do know how to keep the vast majority at arms length .....which is important .... Simon Simon Link to comment Share on other sites More sharing options...
austynqueen08 Posted July 10, 2007 Report Share Posted July 10, 2007 Hi Pugsy, Sorry to muscle in on your misfortunes, however, I will be going to court on 24th July and feel that I will be in exactly the same position. My question is, how soon after court hearing and non payments (I know its coming), can I instruct a DC? Simons quote "Ths problem stems back to "set up" where extremely relevant info like NI no and alt addresses employers details next of kin, bank details etc are now essential !!" I luckily have all the above (exception next of kin), however, my question is I'm I allowed to pass all to DC? Thanks Link to comment Share on other sites More sharing options...
GPEL Posted July 10, 2007 Report Share Posted July 10, 2007 Order usually takes effect 14 days after the hearing. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 10, 2007 Report Share Posted July 10, 2007 Most people in this life seem to do things the hard way .......Why, i dont know ? .............they take a hard job, then make it a bit harder !!!!!!!!!!!!! A logical step by step approach is required ..carefully planned and executed ............to acheive the desired result in the minium time, with min hassle and expense, in terms of cash AND STRESS! USE the DC as a lever to get things sorted, first the threat of, then use of , then court as last option - just read the threads on here and ask any letting agent what happens if you use court as your only option - it takes time, stress and money (and losses cos you could have rerented asap)also YES you get your prop back eventually, but not the rent ............. Someone tell me i'm wrong ?! If someone owes you money, you have a right to ask for it -or employ an agent to ask for it, at any time, until it is paid .............PERIOD. Simon Link to comment Share on other sites More sharing options...
austynqueen08 Posted July 10, 2007 Report Share Posted July 10, 2007 GPEL & Simon, Thank you for your words of wisdom. Link to comment Share on other sites More sharing options...
pugsy Posted July 11, 2007 Author Report Share Posted July 11, 2007 Yeah, I would definately say that this one has been a learning curve. Not only on how to deal with rent defaulters, but also letting agents. I cannot enforce judgement without having a current address, so have been advised as the debtor has recently left his job, to wait a month or two for the dust to settle. For him to change addresses, hook up new services, etc. etc. and then do a debtor trace for about 40 quid. Then use one of the enforcement options. I'm past caring about the money, I just want him to regret ever signing my lease. Thanks as always for advice. Link to comment Share on other sites More sharing options...
GPEL Posted July 11, 2007 Report Share Posted July 11, 2007 Hey, it's not just some LAs that give a crap service, there are plenty of so called professional tradesmen, contractors and others out there in this country that give a bad service. It's part of the British malaise, it's just that the contact with agents is more extended so the opportunities increased for things to go sour, especially when dodgy tenants do their best to louse up things. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted July 12, 2007 Report Share Posted July 12, 2007 I will certainly agree with that GPEL A whole new forum would be required to discuss the failings of 90% of tradesman in my experienced and educated (very much to my cost!) opinion ...... How most tradesman are still in business is completey beyond my comprehension ... It cant be easy being thick and incompetent but neither is it easy being perfect ....................hahahha LOL Simon Link to comment Share on other sites More sharing options...
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