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

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

17:29 PM, 8th March 2015, About 7 years ago 53

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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

by

21:48 PM, 9th March 2015, About 7 years ago

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

Hi Ian,

My understanding is that the CCJ gets registered automatically if the debt is not repaid within the time scale set by the judge when the possession order and money judgement was issued.

Either way, I am going to call the county court tomorrow to double check.

Kugan

by

21:58 PM, 9th March 2015, About 7 years ago

Reply to the comment left by "David Carter" at "09/03/2015 - 15:34":

Hi David,

Thank you very much. It is very kind of you to offer this to me. I will certainly take you up on that offer at some point after the tenant has officially been evicted. Like you said it might be worth a punt to trace him and a have a go, in my opinion the costs aren't that bad.

Like Rob Crawford, Ian Ringrose and yourself have said it's probably best for me to keep an eye out for this guy for a few years and enforce it at a time when he is likely to have some form of income. The most important issue now is for me to check if the CCJ has been registered! This is very frustrating. I thought it would be automatic but research is giving me mixed ideas. I'm going to call the county court tomorrow and double check.

Kugan

by Ian Ringrose

22:02 PM, 9th March 2015, About 7 years ago

The court has no way to know he has not paid you the money, unless you tell them.

by David Asker

11:35 AM, 10th March 2015, About 7 years ago

No problem Kugan, contact me when you're ready.

It usually takes at least 4 months before people pop up on the radar again anyway.

by

11:46 AM, 10th March 2015, About 7 years ago

Reply to the comment left by "David Carter" at "10/03/2015 - 11:35":

Will do. Much appreciated David.

by

13:09 PM, 10th March 2015, About 7 years ago

I called the county court today and was advised that "usually" a CCJ is not registered against a tenant unless the claimant takes enforcement action. What is wrong with the laws in this country, particularly towards landlords? Surely the CCJ should be registered whether I take action or not.
I was advised to email the county court and explain what I am seeking, in which they "might" be able to register without taking enforcement action. I clearly explained that I want the CCJ registered so that I can take enforcement actions at a later time and in the meantime to protect future landlords and credits from dealing with this monkey.

Anyway I will update you guys again when I hear back from the court.

On a more positive note, the bailiff is coming on 9 April. Long time away but at least I have a date now and can plan ahead for new potential tenants.

by David Asker

13:12 PM, 10th March 2015, About 7 years ago

They are talking rubbish, you can register judgment without using the ineffective County Court Bailiffs.

Whilst it's too late now, if you'd have transferred enforcement to the High Court we could have evicted this week.

by Mark Alexander

13:16 PM, 10th March 2015, About 7 years ago

Kugan - I'd listen to David if I were you, check out his member profile and you will see why!
.

by

13:17 PM, 10th March 2015, About 7 years ago

Reply to the comment left by "David Carter" at "10/03/2015 - 13:12":

Thanks David. That's good to know. So hopefully my email to the court will get that registration done then. If not, will press matters further.

I have only recently become aware of the High Court option. I have a donkey of a lawyer who helped me with the court process. Not once did he mention that I have an option of electing a speedier process by transferring to the HC. Well, I know this now for future. I would have chosen this route.

by David Asker

13:19 PM, 10th March 2015, About 7 years ago

No problem Kugan, please feel free to point him in our direction.

Good luck with everything and you know where we are if you ever need us.


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