When enforcement of a CCJ fails?

When enforcement of a CCJ fails?

13:32 PM, 4th January 2016, About 8 years ago 19

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We have two CCJs issued against two ex-tennants. One is something of a ‘straw man’ so we have not pursued it. However the second individual owns a house outright (after inheriting money) and an expensive car.clint

We have tried all the methods offered by the courts to recover the money but have not been successful. – nb: we have not yet put a charging order on the house as it seems a very long-term solution.

We have previously used a firm of enforcement offices but they have failed to recover the money owed.

Do we have any options except the charging order? A personal reason that pushes me to pursue is particularly abusive behaviour by the ex-tennant towards us and our families.

Any advice welcome

Ellie


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Comments

Chris Byways

18:41 PM, 5th January 2016, About 8 years ago

Have you considered bankruptcy proceedings? May be another £1,500, but the thought of that should make the debtor consider the problems it causes them.

19:46 PM, 5th January 2016, About 8 years ago

Reply to the comment left by "Gary Dully" at "05/01/2016 - 10:03":

You can contact me via my profile and we can discuss and then see what can be done.

19:47 PM, 5th January 2016, About 8 years ago

Reply to the comment left by "Gary Dully" at "05/01/2016 - 10:03":

You can contact me via my profile and we can discuss and then see what can be done.

White Collar

20:49 PM, 5th January 2016, About 8 years ago

Reply to the comment left by "Chris Byways" at "05/01/2016 - 18:41":

I don't have a spare £1500. I'm very interested as to Peter's comment.

Chris Byways

21:12 PM, 5th January 2016, About 8 years ago

Reply to the comment left by "White Collar" at "05/01/2016 - 20:49":

You may know that, but does the debtor know that? ie can papers be served on him before action?

Annie Landlord

21:21 PM, 5th January 2016, About 8 years ago

What a dreadful situation Ellen. Have you considered Landlord Action? I have, fortunately, so far, never been owed such a lot of money but Landlord Action seems to know the ropes. Its disgraceful that tenants know how to play the game to avoid their debts.

Ellen McInnes

23:16 PM, 5th January 2016, About 8 years ago

Thanks for all the comments offering advice. The debt is about £1000 but as I said part of wanting to pursue it is her horrible and nasty behaviour.
The HCEO said there was NO WAY they could enter.

After the recent law change to Bankruptcy we can't use that route, sadly.

PS: please lay off the antagonism against someone offering me advice. I'm sorry you guys didn't have success with debt collection people but please don't take it out on one person and please do it elsewhere or on a pertinent thread! I hate when forums just become bitterness etc...

Gary Dully

10:27 AM, 6th January 2016, About 8 years ago

Reply to the comment left by "Ellen McInnes" at "05/01/2016 - 23:16":

Ellen,

I don't detect any bitterness from the posts, far from it, I am chuckling to myself as I write this comment.

What I do detect is a seething frustration over 3 areas.

1. Is the pathetic enforcement available against those that won't pay, despite a legal process instructing them to do so.

2. Additional costs that we have to find and pay, when a thief of rent or property trashing machine walks away totally untarnished.

3. Debt collection company fatigue, when we pay out additional fees for debt collection companies that one way or another turn out to be a letter generation enterprise instead of an actual collector of defaulted CCJ's.

If we could find one that works, is organised, keeps in touch, is realistic up front, doesn't over promise and under deliver and actually gets money out of the guarantors pockets, we would be giving you their phone number and singing their praises from the local church roof.

Let's start with a trace fee, then a round of letters that get ignored, then a uplift fee for a warrant from a high court, then trying to obtain employers details, then the court fees, then the solicitor fees, then a visit by the HCEO who gets nothing for their trouble, then the lack of communication or diabolical service from staff when you ask for an update - it's pathetic.

So what we want is a debt collection company that says up front, on average our success rate is realistically X% of all judgements passed to us for rent arrears, we won't mess you about and it will probably cost you £x in fees, broken down as follows.

We are then in a position to make both a valid business decision and won't groan every time a new referral asks us to contact them via this forum.

If I pass over £75,000 of CCJ's to any firm, I want to know are they going to get anything from them and if so, how much?

Because I have referred over £50,000 so far and not received one single penny back.

But I have wasted resources in legal fees and gotten 'two fingers' off my run away tenants.

A good analogy would be Debt Collection Agency compared to a Guard Dog.
It looks good on paper, costs a bundle in vet fees, it sniffs other dogs backsides (trace), when it finds a thief it walks away and humps your leg instead, wants feeding with more cash each day, goes missing for weeks and when it eventually shows up, it hasn't even brought you a stick.

That is what causes frustration combined with a touch of fatigue and I can guarantee I am not alone in this area.

Gary Dully

10:40 AM, 6th January 2016, About 8 years ago

Reply to the comment left by "Peter Fisher - Fixed Fee Law" at "05/01/2016 - 19:47":

Thank you Peter, I shall contact you or your staff at some point tomorrow.

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