Action to make the process fairer on debt rulings – What about Landlords?

by Readers Question

8 months ago

Action to make the process fairer on debt rulings – What about Landlords?

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Action to make the process fairer on debt rulings – What about Landlords?

Plans to protect consumers from unresolved debts which can damage people’s credit ratings without them knowing have been unveiled.

The government has launched a consultation on how county court judgments (CCJs) are issued, after concerns were raised that some rogue companies were deliberately sending claims to consumers using incorrect addresses. Credit ratings can be devastated, and the issue may only come to light years later when the individual’s application for a mortgage, loan or car on finance is rejected.

A consultation launched today will seek formal evidence on the scale of the problem, and consult on how best to protect consumers and businesses.

Proposals include:

  • striking a CCJ from the register immediately once unknown debts are resolved and a judge agrees the person was unaware;
  • better protecting consumers who do not receive mail because it is sent to an old address;
  • introducing a government information campaign providing a centralised, trusted source to raise awareness and help people deal with unresolved debts.

Launching the consultation, Justice Minister Dominic Raab said: “We want to protect vulnerable consumers from abuse by rogue companies that can destroy the credit rating of innocent people without them even knowing about it.

“Debts should be paid, not exploited by a minority of cowboys who need reining in.”

Over the past four years, the number of CCJs has risen by almost two thirds (59%), with over one million issued in 2016.

Throughout this year evidence has been gathered and discussions conducted with consumer groups, advice organisations and across government to assess the scale of the issue and ensure the right proposals are made.

Work is also going on in other government departments. The government has already taken steps to tackle rogue private parking operators, including banning wheel clamping and towing.

They are considering how they can deliver standardised practice across all parking companies, eliminating unfair charges and reducing the instances of claims where the consumer may be unaware of a parking charge being applied.

View the consultation: Default County Court Judgments: A consultation on ensuring the process works fairly, for both creditors and debtors

( This is an extract of my response.. )

” There is too little verification of Private rented sector tenants. Much is said AND legislated against Rogue Landlords ( and quite Rightly so. )

However, it should be acknowledge by government, that to be even-handed in the Money / Debt PRS system, it needs to be recognised that a proportion of Rogue Tenants, are detrimentally skewing the behaviour of trust by Private sector landlords, against certain tenants, affecting a wider section ( including some honest tenants that get caught up in this ) Its almost as if its ‘Not Politically correct to be supporting Landlords in any way, as if the majority of potential voters that could help the ailing government of the day, are tenants.

Also, one of the most backward steps in Debt, was the Debt Pre-Action Protocol in October that can be seen only to help and serve those who owe money to creditors, and to relieve the burden on a failing, struggling court system that government are bringing into self-funding at an alarming rate ( but that won’t serve smaller creditors, nor deter serial debtors.) 

Some actions are actually only helping those who don’t intend to pay, to incur debts against honest and law-abiding, Tax-paying businesses !  “

Chris



Comments

David Price

8 months ago

The new pre action protocol has made it impossible for a landlord to collect a rising debt. All other businesses, with the exception of water, do not allow a debt to continue to rise, withdrawing their services on the first default.
Yet another reason not to take benefit tenants, well done HMG and HMCTS.

Gary Dully

8 months ago

Welcome to 2018, the year of the death of Buy to Let.

The buy to let landlord is gradually becoming the laughing stock and whipping boy of every Tom, Dick and Harriet politician that has a insignificant name to make.

Here is the next piece of political stupidity about to hit us, to do exactly what?

It’s to prove, once and for all, that when you sign a contract with somebody, it wasn’t really your fault.

To illustrate.

Here is a little poem written for the Nationwide building society that repossess landlords houses, they are called The Mortgage Works.

Oh, why didn’t you pay your rent?, I sent you a letter, after every penny I’d sent.

I waited in, I carried my phone, but I never felt so alone.

They said, I would be fine, every time, it’s backdated, don’t worry, their lies were sublime.

You had a sniffle, a cold, your father was old, in hospital, near death, his name was Geoff.

It’s damp, it’s cold, your boilers too old.
The floorboards are wrong, that’s a loud song, legionnaires in your water, your electrics are wrong.
You smoked weed, you peed, you made your neighbors nose bleed,
Your universal credit was late, you broke the back gate,
Don’t be a prat, it was always like that.

This poem is never ending, it crushes your soul and if I say so, or may be so bold, you are a ponce, a creep, an interfering cheat.

Please Mr politician, please go away, we’ve all had enough of you, every single day, telling all that will listen, of your so called proof, that I am a criminal, with a gold tooth.

You have destroyed your chance of getting my house, it’s gone, torn down, never to be found.

I’m gone now, yes, I’m dead, your homeless can’t be fed, shelters now on the ground, but now in every single little town.

They all blame you, yes you, it’s you.
No excuses now, join the queue.

My empires gone, tenants?, I have none, they are all in the same queue, for the room with no view.

It didn’t have to be this way, but I was ignored by the public, every single day.

All I ever wanted was an even point of view, did I get it?
No no, don’t be stupid, no truth is ever said by the likes of you.

So it’s all disappeared, never mentioned, clever you! about the tenant tax, no wear and tear, stamp duty too.

We’ve now stopped buying, full of fear, but not of you, but Jeremy, yes Mr Corbyn and his illustrious crew.

Were scratching our heads, our tenant too, on wondering what shall we do?

Why, oh why, did I ever trust you?
The Tory politicians with your suits so blue.

You hate us all, that’s all I can say, I’m not a rogue, it’s just my way.

My time is up, I bid you farewell,
I’m done, messed up, confused as hell.

You told me once, I could trust you, my gut said not and sometimes my poo.

I tried, I tried, I wrote, and I cried, you messed me about and my business died.

Were now alone, so may I thank you, for wasting my tax, my time and my crews.
I stopped doing business, it’s got a bit glum, I sit around all day on my fat bum, I wanted to help, no reliance on you, I mean the state, but now what will we do?

(An ode in 15 thousand words, by Gary Dully aged 10 amen, class 4b)

Let’s just look at how you manage to get a county court judgement as a tenant and it isn’t easy,it’s classed as a marathon in any Olympic sport. (Just like this post).

Instructions on how to get a CCJ, when renting a house.

1. You make an application to live in my house, I check your not an immigrant, a thief or a louse.
2. You sign a contract
3. You break that contract.
4. You get a phone call and you lie at how you will be paying what you owe.
5. You get warned by letter
6. You ignore that warning, but you still use the service.
7. You get a legal notice seeking repossession , which you ignore after living in my house for 2 months without paying.
8. You get issued with a County Court Hearing.
9. You get a chance to be defended, free of charge.
10. You lose your defence, because your an idiot.
11. Your told to leave by a court order which you ignore.
Your credit rating is still NOT affected via PCOL.
12. You still continue to steal from the system or business that houses you.
13. You are then warned that a bailiff will be calling to chuck you out.
By this point, (about 5 months down the track), is the only point where your credit rating is affected.
14. The bailiff arrives and at long last you get what you deserve, it’s called an eviction.

Now you tell the government that they are bunch of idiots, that just haven’t got a clue.

They have never used the system, they don’t know how it works, what it costs or how to improve it.

They listen to organisations that support pilfering and theft from business people.

The war against those businesses continues, without a break.

The only 2 people left in business are the ones that decide to...
1. Break legs and fingers if you don’t pay what you owe.
2. Charities

Nobody else, will continue in an industry like ours unless we start to get abusive with these politicians and talk some common sense.

Are the RLA up to it?

Nah, I don’t think so!

Maybe property118.com, The Landlords Union, might like to try and talk some common sense into the academical half-wits that purport to run the country.

Happy New Year, I don’t think!

David Price

8 months ago

Reply to the comment left by Gary Dully at 03/01/2018 - 11:13
Gary you have omitted to mention the new debt collection protocol which effectively means that a landlord cannot issue proceedings against a tenant for rent arrears.

Luke P

8 months ago

Reply to the comment left by David Price at 03/01/2018 - 12:37
Hi David, and a Happy New Year to you. Could you expand a little on why debt PAP 'effectively' means a landlord cannot issue proceedings? I haven't read any of the detail yet, but surely it's a case of just informing them they owe and then after the prescribed manner/prescribed amount of time has elapsed it's 'game on' as normal, no?

David Price

7 months ago

Reply to the comment left by Luke P at 03/01/2018 - 13:26Luke, essentially you are correct BUT a cunning tenant (all of mine) can delay your ability to instigate legal action by at least two months. The protocol is too complicated and protracted to explain in a short blog. An outline of the process can be found at https://www.nationaldebtline.org/EW/factsheets/Pages/pre-action-protocol-for-debt/county-court-protocol.aspx?gclid=CjwKCAiAm7LSBRBBEiwAvL1-Lzo_gTb34JTuhtNr7hYRAtSdrvkMHhEwihHBerD48V_RSfLuS6zr4RoCIvoQAvD_BwE
By the time the landlord has gone through the protocol the tenant will have done a runner, probably owing four months rent.

Gary Dully

7 months ago

Reply to the comment left by David Price at 03/01/2018 - 12:37
Happy new year David,

I am issuing the protocol, but you have to register to send the monthly income and expense nonsense.

I’m signed up and happy to kick arse.

David Price

7 months ago

Reply to the comment left by Gary Dully at 03/01/2018 - 14:29
Do you remember that the Tories said they were going to reduce Red Tape?

David Price

7 months ago

Reply to the comment left by Gary Dully at 03/01/2018 - 14:29
Before they were elected!!!!!

terry sullivan

7 months ago

Reply to the comment left by David Price at 03/01/2018 - 15:16
what tories--may and her cronies are socialists


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