CCJ extension for professional rogue tenant?

CCJ extension for professional rogue tenant?

1:04 AM, 25th April 2024, About 2 months ago 11

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I managed to get a CCJ against a rogue tenant almost 6 years ago. The CCJ only covered the outstanding rental she accumulated whilst awaiting the Bailiffs for 8 months.

The ruined unit and furniture theft was an added cost that I ignored. The total loss was about GBP20 000. The CCJ for unpaid rent demanded that she settle GBP11 900 within 7 days. I have not received a penny nor has she made any attempt to contact me to offer any settlement.

To date she has not been traceable, is not employed, does not have a bank account, nor does she own property. She is a professional benefits parasite. My intention now is to extend the lease. I applied for this extension via email to Bromley Possessions who replied thus :

“Thank you for your further e-mail, which was referred to a Judge. Having read the exchange of e-mails he has noted that the previous Judges’ response dated 18 April 2024 states that you ‘need to take legal advice and resubmit with a witness statement and formal application if needed’.”

I am not a UK citizen. I live in South Africa but am firmly determined to follow through on the advice given to me by the Judge. However, my ignorance in this area prevents me from doing so. I have googled information on the matter but have had no success. Has a Property118 landlord gone through this process and would they therefore be able to give me guidance on what a “witness statement” entails and further, how do I make a “formal application”?

It would give me great pleasure to be able to achieve this CCJ extension for a further 6 years although I am aware that the existing CCJ appears not to have affected the tenant in any way.
I would certainly appreciate the input from more experienced landlords.

Many thanks

Dale


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Comments

TheMaluka

10:29 AM, 25th April 2024, About 2 months ago

If itis less than six years since the tenant left take out another CCJ for a small amount via moneyclam on line. It does not have to be for the full amount just a token to get another six years for her. The rules are that you serve at the last known address which presumably will be your property.
I do this to all my defaulting tenants.

Julesgflawyer

11:54 AM, 25th April 2024, About 2 months ago

You have a problem in that s24 Limitation Act 1980 says "an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable." That doesn't seem to include the possibility of extending that six year period. As for the £20k damages, any cause of action there likely arose when the lease ended. If that was more than six years ago, as seems likely from the limited facts, then limitation will be a problem as regards issuing a new claim for that sum.
It sounds like throwing good money after bad, to be honest, but limitation is a tricky area and you might want to consider getting proper legal advice rather than seeing what Google throws up.

Jim K

12:22 PM, 25th April 2024, About 2 months ago

Reply to the comment left by TheMaluka at 25/04/2024 - 10:29
Hi.
Do you mean that you re issue for a part of the original debt in the 'soon to expire' CCJ?

TheMaluka

12:57 PM, 25th April 2024, About 2 months ago

Reply to the comment left by Jim K at 25/04/2024 - 12:22
it has to be a new claim for a debt that is less than six years old. It only has to be for a few tens of pounds, a sum which attracts the minimum curt fee and will give you a default judgement is a few weeks. All done on line.

Julesgflawyer

13:04 PM, 25th April 2024, About 2 months ago

Reply to the comment left by TheMaluka at 25/04/2024 - 12:57
You can't issue a new claim for all of part of the debt on which the original claim was based. That would be an abuse of process. The debt "merges" in the court's money- judgment for the arrears that the OP has already obtained.

TheMaluka

13:35 PM, 25th April 2024, About 2 months ago

Reply to the comment left by Julesgflawyer at 25/04/2024 - 13:04
That is not what I said, of course it has to be a new claim for part of the debt, perhaps the damage, which was not originally claimed.

Julesgflawyer

14:06 PM, 25th April 2024, About 2 months ago

Reply to the comment left by TheMaluka at 25/04/2024 - 13:35
See my earlier comments on limitation generally.

DALE ROBERTS

9:06 AM, 26th April 2024, About 2 months ago

Thank you all for your comments. The CCJ expires towards the end of June. However, I am still seeking advice on what a "witness statement" entails within the context of UK requirements and is a formal application and or witness statement done only through an attorney. I reside in South Africa so the process would be more difficult for me if I had to do a "witness statement" in front of an acceptable legislator in the UK. In South Africa they are called affidavits and can be done at a local police station. This can also be processed by a lawyer in my country. I doubt either scenario would be acceptable to a judge in the UK.

Michael Booth

11:00 AM, 27th April 2024, About 2 months ago

Good luck with great british laws and justice, my experience is forget it you aint getting paid, she is has wide has a wagon, nothing in her name no assets no bank account has you said a benifit parasite,

DALE ROBERTS

12:32 PM, 27th April 2024, About 2 months ago

I know I will never see the money unless the requirement for a clean credit record forces her into satisfying the CCJ debt. I want to extend the CCJ period in order to hopefully achieve this. Making her life difficult for the next 6 years also has its attraction 🙂 I'm flummoxed as to where a witness statement and formal application under UK law can be initiated from South Africa. It appears no landlord on Property118 has any experience to share in this regard. I suppose I will have to engage the services of an attorney for advice.

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