Evicted but when should we enforce £20,000 debt?
We managed to evict our tenant after she was many months in arrears. We got a CCJ for eviction and a money demand for about £20,000. She did a moonlight flip but we traced her through a tracing agency. The CCJ was not registered with the Registry-Trust but by continuously chasing the Court we got the CCJ registered.
We understand that we have up to 6 years to do “Enforcement”. The tenant claimed that she has no savings, car or any wealth, however we know that she is now receiving over £5000 a month from a Company, but this is classified as Consultancy work and not a PAYE job.
I have 2 questions:
1) Are we best to leave enforcement for 4 or 5 years by which time she may have savings or be in a PAYE job. She was once in a £100,000 pa job until she was made redundant.
2) If we did enforcement now will the Judge possibly make monthly deductions, to pay us, from her “Consultancy” role or would that not happen as it is not a PAYE role?
Many thanks
John
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Member Since May 2016 - Comments: 1570 - Articles: 16
4:52 PM, 24th January 2020, About 6 years ago
Reply to the comment left by John at 24/01/2020 – 16:43
John, you leave your number and I’ll call you.
Member Since June 2017 - Comments: 22
2:00 PM, 26th January 2020, About 6 years ago
If she’s self employed through some kind of limited company entity, then the funds will be hitting the company account, not hers. Presume she is not on benefits otherwises its fraud of course but the services don’t seem to care about this. But at some point she will need to take a salary or dividends and then these are officially declared via self-assessment so it could be up to 21 months after her first salary or dividend hits her account becuase self assessment is done January after April when tax year ends so this is the point you can get her in the small claims court. Good luck
Member Since May 2015 - Comments: 46
7:28 PM, 26th January 2020, About 6 years ago
Reply to the comment left by Chris Daniel at 24/01/2020 – 16:52
Chris,
01932 227950
Member Since May 2015 - Comments: 46
7:31 PM, 26th January 2020, About 6 years ago
Reply to the comment left by HardworkingLandlord at 26/01/2020 – 14:00
Hi Hardworking.
She is working for Irish Health Leeds which seems to be a Charity. She sees to be their London Agent earning £5200 per month plus expenses.