£5000+ money judgement but slim chance of recovery?

by Readers Question

14:52 PM, 23rd October 2017
About 12 months ago

£5000+ money judgement but slim chance of recovery?

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£5000+ money judgement but slim chance of recovery?

I’ve had a long drawn out problem with one particular tenant hopefully I’m getting possession on the 25th as bailiffs are booked for that date, but any tips on how I might recoup some of the arrears ?

The judge gave a money judgement for £4700 in August and with the daily rent we are over the 5k mark. The remaining tenant has mentioned a debt relief order (but I’ve not been sent anything) from what I know she is working as has been since December last year but not paid a penny in rent since March.

It was a joint tenancy whilst the partner has allegedly moved out two years ago he is /was self employed and name on the court documentation. I have NI numbers for both and a possible address for the joint tenant.

How do I go about seeking any recourse /enforcement ? Could I sell on the money judgement for a % ?

Many thanks

Taz



Comments

Neil Patterson

14:54 PM, 23rd October 2017
About 12 months ago

Hi Taz,

The Sheriffs Office have a free guide to enforcing judgements.

Please see >> https://www.property118.com/free-guide-enforcing-judgements/

Chris Daniel

9:01 AM, 24th October 2017
About 12 months ago

Neil is on the 'right lines' by referring you to High Court Enforcement ( HCEO - one of which is the Sheriffs Office )
Personally, I have effectively used and recommend other HCEO, who have better rates. -
EXCEL, - google them. You want their Swansea office [ they operate countrywide ] Option 2 on the tel. menu.

Robert Mellors

10:37 AM, 24th October 2017
About 12 months ago

If the tenant is working (permanent job, not temporary or zero hours contract), then you could apply for an attachment of earnings. Alternatively, if they have assets then the high court bailiffs may be able to seize the assets. However, if they are applying for a Debt Relief Order (DRO) then you will need to seize the assets BEFORE they get this, because a DRO is in effect like a bankruptcy and all debt recovery action will become unlawful and the debt will eventually be written off (so you will have to accept the loss and there would be no legal means of enforcing the judgement).

Chris Daniel

11:19 AM, 24th October 2017
About 12 months ago

Reply to the comment left by Robert Mellors at 24/10/2017 - 10:37
Yes, EXCEL do all of this for you and add their £175 to the tenants debt.
I've used them Twice on LHA benefit tenants and they eventually got every penny owed.
Nobody has a 100% success rate, but your Guaranteed to give your tenant more than £175's worth of aggravation ;-). and its a claimable expense.


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