Court refusing CCJ registration upon eviction?

Court refusing CCJ registration upon eviction?

7:19 AM, 25th August 2017, About 4 years ago 16

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My local County Court is being difficult in respect of registering a £4k CCJ for a s8 eviction, see email trail below, am I missing anything or did anything wrong???

[me] “We have still not received payment for the attached order for possession. Can you please issue a CCJ judgement against the defendants and confirm when it has been done.”

[Court] “The order does not contain a court judgment to register. You have an order for arrears of rent which can be enforced and at this point the order will be registered.”

[me] “Sorry I don’t fully understand, for clarification are you saying you have now registered this judgement against their name as the have still not paid?”

[Court] “For clarification the court is saying there is no County Court Judgment to register.”

[me] “I am surprised as in the past when tenants were evicted they had a CCJ placed against their name for the arrears. What is the court process to have a CCJ marker against their name for this case to safeguard future landlords/lenders? Does the defendant really get away 100% scott-free, which is highly unfair?”….

I’m awaiting a reply!

Nathan



Comments

by Jay James

21:21 PM, 31st August 2017, About 4 years ago

Reply to the comment left by Gary Dully at 30/08/2017 - 13:35
What a f****** load of s*** the legal system is. Hope it turns out ok (well at least manageable) for you gary.

by Ela

16:19 PM, 12th January 2019, About 3 years ago

Hello, is there any way I can get CCJ registered agains my tenant with the claim will be paid from their benefit payment? Does anyone knows this is possible or not? My tenant does not work and only her name on the contract. Her husband works and lives in my property rent free but his name is not on the contract.

by Neil Patterson

17:15 PM, 12th January 2019, About 3 years ago

Hi Ela,
I am not an expert but may be worth checking out the Sheriffs office >> https://www.property118.com/free-guide-enforcing-judgements/

by DALE ROBERTS

20:43 PM, 17th January 2019, About 3 years ago

Reply to the comment left by Ela at 12/01/2019 - 16:19
If the tenant is still in your property you should contact the Council she is receiving benefits from and ask them to redirect her housing benefit to you - particularly if she hasn't yet migrated to UC. You cannot request this if she has already left your property. When you contact the Council advise them that she is living with a partner as she may be fraudulently claiming single status benefits and not including the extra income earned by her partner.
A CCJ cannot be levied against benefit payments specifically.
Please upload your bad tenant onto the Landlord Referencing site to prevent her taking advantage of other landlords.
And ensure your CCJ is actually registered by contacting info@registry-trust.org.uk and asking them to confirm the CCJ has been registered. Never assume the Court has finalised this on your behalf.

by Ela

21:39 PM, 17th January 2019, About 3 years ago

Reply to the comment left by DALE ROBERTS at 17/01/2019 - 20:43
Hi, thank you. I have contacted the council several times but they told me it’s a civil matter. I told them they were paying tax payers money to someone who is not using the benefit for its purpose which was a fraud. They said it’s not a fraud!!!! They could not care less about it. When I said so you are offering my taxes to her and also she enjoys a free ride at my expense at my property they said put your claim in writing. That said we are working 4 weeks behind . The amount of calls and e mails I spent my time on seems endless. I will put her details but I do not think she will find another private landlord as fool as me. She is using me to get her a permanent council owned property which I hope she won’t enjoy a happy life if there is any justice in this world.

by DALE ROBERTS

11:20 AM, 18th January 2019, About 3 years ago

Reply to the comment left by Ela at 17/01/2019 - 21:39
Contact Sherrelle Collman at Landlord Solutions who will assist you with your claim against the tenant's housing benefit. She is a Property118 member and extremely active on this forum with regards to pertinent landlord advice.
sherrelle@caridonls.co.uk


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