CCJ obtained against tenant. Now need to trace him and get my money.

by Readers Question

17:29 PM, 8th March 2015
About 4 years ago

CCJ obtained against tenant. Now need to trace him and get my money.

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CCJ obtained against tenant. Now need to trace him and get my money.

Hi guys,

This forum has been of great help to me since becoming a landlord. I hope you can advise me on the following issue as well. CCJ obtained against tenant. Now need to trace him and get my money.

I had to take my tenant to court over unpaid rent and managed to secure an order of possession under s.21 grounds 10 and 11.

The court has also kindly applied a CCJ for unpaid rent of £3,142.11 and also court costs of £280, I’m just waiting for the bailiff to set a date and kick the guy out.

Now I am perfectly aware of the fact that the tenant would have obviously vacated the property by the time the bailiff come, packed his bags and will be gone for good. Nevertheless, I am absolutely determined to get back every penny that is owed to me.

How can I go about tracing the tenant? Can you recommend lawyers or services which can do this one my behalf on a no find no fee basis?

Once found, what are my options? As far as I am aware, he doesn’t work and lives on housing benefit and other forms of benefit. Can I contact the council where he resides to have some of benefits diverted to me?

Is the tenant likely to obtain social housing as a result of the eviction? Surely not. Especially with a CCJ? When is like to the council some.months ago they said they will have to contact me for a reference if he applies for social housing.

Your advice is greatly appreciated.

Kugan



Comments

Mark Alexander

17:38 PM, 8th March 2015
About 4 years ago

Hi Kugan

Don't be too surprised if he's still there when the baliffs turn up, some people are incredibly stupid and incredibly hard nosed.

If may not be too late to get Sheriffs involved. Yes we do have them here in England too 🙂

Not only are they likely to be able to act quicker, they also have much better powers to recover debts, e.g. clamping cars and distraint of valuable personal assets such as TV's, iPads etc.

The CEO of The Sheriffs Office is a chap called David Carter, he is a regular commenter here. Please check out his member profile where you will also find a contact form for him - see >>> http://www.property118.com/member/?id=2542

As him firm is one of Property118's sponsors David is also a regular guest author. Check out some of his Guest articles via the link below, in particular the one entitled "FREE Guide To Enforcing Judgements".

Link to David's gallery of guest articles >>> http://www.property118.com/author/david-carter-2/
.

17:44 PM, 8th March 2015
About 4 years ago

I agree. This guy, my tenant, has an IQ of a squirrel. Hope I didn't offend any squirrels.

Thank you Mark for your comments and link. I have a read of it and revert back with any questions. I'll give David a quick shout as well.

Kugan

Rob Crawford

13:29 PM, 9th March 2015
About 4 years ago

Kugan, do you think your tenant has the money or belongings to fund his debt and the cost of the Sheriffs etc? You could end up spending more time and money and still not get a return. Please do come back to your thread and let us know how you get on - best of luck.

13:46 PM, 9th March 2015
About 4 years ago

Dear Rob and Mark,

Having reviewed the information you sent me I am starting to realise I might be out of luck. The tenant, as far as I am aware, is unemployed and has been so for many years. In addition, I genuinely believe he has absolutely nothing to his name or bank account as he is living his life on benefits and allowances. The information you provided doesn't have any info on how to recoup debt from people who fall into this category. It might be worth noting he has three young children with an absentee mother.

What are your thoughts?

Kugan

Rob Crawford

14:04 PM, 9th March 2015
About 4 years ago

Well he now has a CCJ against him which will make his life a misery so assuming his circumstances change he may pay it off one day. If you do not persue it now, make sure you have his details (Nino, dob, passport no etc) to aid traceability in a few years time when his circumstances may have changed. Also put his name down on the Tenant ID and LRS website to warn other landlords.

Ian Ringrose

14:13 PM, 9th March 2015
About 4 years ago

Have you listed the tenant on landlordreferencing.co.uk so he does not do the same to the next landlord?

Have you informed the courts that the CCJ has not been paid, so that it gets listed on his credit file?

As to getting blood out of a stone..... The Sheriffs may find some items they can sell when they evict him. Otherwise you have 6 years, so trace him in 4 years times and see if he is in a job by then.

john henderson

14:34 PM, 9th March 2015
About 4 years ago

This may be useful
http://www.peopletracingexperts.co.uk/

However if someone has no money / assets it is not worth taking them to court. If taking HB tenants you need to get a guarantor who owns a house to sign an agreement with you which means they will pay an arrears (usually a parent of the tenants).

If you can't don't take the tenant unless you are very happy with them.

David Asker

15:34 PM, 9th March 2015
About 4 years ago

Kugan,

We have some of the best Tracing Systems available and I'd be happy to offer a free desk top trace to a fellow Property 118 member.

In terms of recovering what's owed it will clearly be tricky from someone you describe. However, it has be known for family to help and you may find that for just a £60 Writ and a £75 fee if we are unsuccessful that it's worth a punt.

Alternatively, you could leave it for now and see if circumstances change. We have seen this on many occasion where somebody with little hope meets Prince Charming a few years later they want to rent/buy a property. All of a sudden the CCJ is an issue....

Whatever you choose, I'm happy to help where I can.

David

Jerry Jones

20:31 PM, 9th March 2015
About 4 years ago

I have an interesting case to pick up. I had very dodgy tenant, on a let managed by Castledene, who are experts in LHA tenants. We had a homeowning guarantor but FCC Paragon failed to get any acknowledgement of the debt from him or collect any money back in December 2013.

Might it be a good idea, now the dust has settled a year later, to do a trace, County Court claim and enforcement? The debt is £1500-odd, made up of arrears and damage.

I'd appreciate advice on how to best pursue this - not minded to do MoneyClaim Online myself, as the people involved are not terribly likely to be cooperative.

20:48 PM, 9th March 2015
About 4 years ago

Reply to the comment left by "Ian Ringrose" at "09/03/2015 - 14:13":

Hi Ian,

Will do as soon as my registration goes through!.

Kugan

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