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 David Asker

19:06 PM, 26th March 2015, About 7 years ago

Reply to the comment left by "Kugan Lingam" at "26/03/2015 - 14:33":

That is just not true Kugan.

The fact that you have default judgment means it will be registered. You will need to request a copy of the judgment though as they do not send this without request.

I am at a loss as to what Romford CC are playing at.

by

19:45 PM, 26th March 2015, About 7 years ago

Reply to the comment left by "David Carter" at "26/03/2015 - 19:06":

Hi David,

It does seem crazy and illogical to me what Romford CC is telling me. I think I did got a copy of the judgement. I will upload a redacted copy shortly for you to check.

Kugan

by David Asker

20:56 PM, 26th March 2015, About 7 years ago

No problem Kugan.

by chris mccauley

15:41 PM, 27th March 2015, About 7 years ago

Hi David I had trouble when looking into whether I could transfer a case of £4000 rent owed to me(ccj obtained via the county court) up to the high court for sheriffs to try to recover,but I remember being told that county court judges rarely if ever transfer cases up to the high court could you clarify.

by David Asker

16:17 PM, 27th March 2015, About 7 years ago

Reply to the comment left by "chris mccauley" at "27/03/2015 - 15:41":

Hi Chris, you don't need permission to transfer CCJs to the High Court for enforcement, it's only needed for residential evictions. Any judgment of £600 (inc court costs) or above and up to 6 years old can be transferred up - all you need to pay is £60 for the writ.

Happy to help you through the process though - it's not difficult but you need to make sure you fill in the paperwork correctly or else the courts will throw it back.

by chris mccauley

18:17 PM, 27th March 2015, About 7 years ago

Reply to the comment left by "David Carter" at "27/03/2015 - 16:17":

Thanks David This particular case is almost settled now only £610 to go @£100pcm. It must have been when I applied for the eviction that I was advised that I could nt transfer up from county court.,i hope I am never put in that situation again, but thanks for clearing that one up for me.

by Robert Mellors

12:58 PM, 28th March 2015, About 7 years ago

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

Hi Ian

Is there a particular process for informing the court that a CCJ has not been paid? (so they then get it registered with the credit reference agencies).

I have lots of money judgments against former tenants/licensees but as I understand it, these are not automatically registered on the person's credit reference files.

by Yvette Newbury

20:43 PM, 29th March 2015, About 7 years ago

Kugan - I have posed about this before - that a CCJ is not registered against the tenant when I had a tenant who was moving out of my property and into others, and passing all letting agent credit checks! I could not believe it until Lambeth Court told me that "we do not register a CCJ unless the claimant writes in and requests it" ! I therefore did just that to ensure she was registered, but even then she had moved twice more before the registration was showing on any credit check. I have tried to broadcast this as surely this system should be changed? My case was in 2008!

by Ian Ringrose

23:17 PM, 29th March 2015, About 7 years ago

Yet anther reason to use landlordreferencing.co.uk, so please upload the details of ALL your tenants, so that you can be contacted for an reference by a landlord even if they "forget" to list you as a past landlord.

by

12:42 PM, 30th March 2015, About 7 years ago

Reply to the comment left by "David Carter" at "26/03/2015 - 19:06":

I chased Romford county on that point. It just seemed absurd to me that a CCJ won't go registered unless enforcement action is taken.

Today I received confirmation that the CCJ will in fact "show" on their credit report. So what ever Romford CC was telling me before was complete nonsense as they didn't quite understand the difference between "registering" and "enforcing". Good lord.

You were right David. At least that's resolved now.


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