Evicted tenant with no savings but £5k pm consultancy work?

by Readers Question

9:11 AM, 7th February 2020
About 2 months ago

Evicted tenant with no savings but £5k pm consultancy work?

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Evicted tenant with no savings but £5k pm consultancy work?

I have evicted a tenant 9 months ago after getting a CCJ for possession and money. The Court order states about £20,000 owed.

She has no car, savings or wealth but is earning over £5K a month from freelance consultancy work.

If I take her to court from “Enforcement” is the Judge likely to grant a monthly payment from her as this is not a PAYE job?

It would be nice to hear a solicitors or legal persons view.

Many Thanks

John



Comments

Richard Adams

0:59 AM, 9th February 2020
About 2 months ago

Reply to the comment left by John at 09/02/2020 - 00:10
John
I just think it is worthwhile to have a pop via using the bailiffs. Remember that they earn quite nicely from the exercise. I don't recall exact figures from when I've used them but a £2000 odd debt which the bailiffs first wrote asking for it to be paid or visit would follow (debtors tend to ignore these type of letters as well of course due to head in the sand attitude!) rose to around £3000 following bailiffs visit. It's a nice earner for the bailiffs so they go to any legal lengths to get a result and of course have High Court authority.
You KNOW the debtor is pulling £5K a month in consultancy work which makes her a cut above the average scumbag non paying tenant. Where she now lives there must be something by way of possessions? People earning decent money don't live in hovels. A TV, high fi, jewellery, a second hand car maybe. Needs a computer or lap top for work surely? These items won't sell for anywhere near your total debt but the bailiffs saying they will take them away to sell won't half crystallize her mind. That's when talk of instalment payments comes up and/or calling parents etc to come round with credit cards while the bailliffs wait. Let's face it you would rather have only £2000 say than nothing.
Why do you say debts cannot be extracted by bailiffs from earnings? If I owe you £50 and am earning £10,000 pa can I only be expected to repay you from money in a cocoa tin under my bed?! What bailiffs would say is "from your earnings how much per month can you afford to pay in instalments" and start bargaining from there. Whatever they are able to agree would be subject to your approval.
Contact Debt Collection Bailiffs and explain your situation. I might be completely wrong and they won't take you on. Then like you say you could wait for up to five years to have a pop at her when maybe she is better heeled. In the meantime though you need to keep tabs on where she is living.
Good luck. You want and deserve what you're owed and I for one will rejoice in your success.
Richard

John

10:27 AM, 9th February 2020
About 2 months ago

Thanks Richard,
I have approached one Debt Collector / Bailiff and they wanted £2000 up front from me which they say will be added to the tenants debt. I dont think it is worth this investment in the vague hope that they will be successful with an ex tenant who has no savings, car or wealth. Thanks, John

Uxucvhrtau

10:36 AM, 9th February 2020
About 2 months ago

Reply to the comment left by John at 09/02/2020 - 10:27
John, what’s going on I’m reading through the script and I am further incredulous to what exactly is happening as none of it should be happening like you’re all on about it’s a very simple cheap procedure if you do it correctly and the way that I see it being done is the opposite to correctly.
Just pay the Sheriffs Office to do a almost pointless collection for around £80 Then file for petition for bankruptcy which will cost a tad below £1000 and then the CCJ is automatically issued and you just sit back and wait for action.
I hope this helps

Michael Barnes

18:44 PM, 9th February 2020
About 2 months ago

Reply to the comment left by Uxucvhrtau at 09/02/2020 - 00:24
I presume you mean apply to make her bankrupt?

I first read it as John to declare his bankruptcy, and I couldn't see how that would help.

John

18:54 PM, 9th February 2020
About 2 months ago

She already has a CCJ registered against her and I dont feel she would care about being made Bankrupt. What additional impositions would being made Bankrupt put on this Irish lady?
Regards, John

Uxucvhrtau

21:19 PM, 9th February 2020
About 2 months ago

Reply to the comment left by John at 09/02/2020 - 18:54
I didn’t see that mentioned earlier that changes everything, your only options now then is, hore a private eye to try & get something on her or accept your loss now & i think the latter.

John

21:48 PM, 9th February 2020
About 2 months ago

I am hoping that the CCJ recently issued against her will encourage her to try and pay off the £20K debt in order to get the CCJ settled.
Otherwise I could go to Court for Enforcement either now or in a couple of years time, as I understand I have 6 years to do this from the date of the hearing. Regards, John

Uxucvhrtau

22:00 PM, 9th February 2020
About 2 months ago

Reply to the comment left by John at 09/02/2020 - 21:48
I think you have almost no chance of recovery unfortunately and im well versed in these kind of issues.
Its a very bad feeling being abused for providing honest accommodation i know.
Good luck friend

Clint

22:05 PM, 9th February 2020
About 2 months ago

Reply to the comment left by Uxucvhrtau at 09/02/2020 - 22:00
I think I tend to agree with you John. I have chased tenants with CCJs for many years & have been successful only once. I have read each and every comment hoping that someone would come up with something more promising than what I have tried but I have found none so far.
The only time one is successful is if they are working in full time employment and if they have a guarantor who owns their own residential property

Richard Adams

22:45 PM, 9th February 2020
About 2 months ago

Reply to the comment left by John at 09/02/2020 - 10:27
John
You still seem averse to taking action feeling it would be pointless? Before throwing in the towel I implore you to contact DCBL (Debt Collection Bailiffs Ltd). Check their website dcb.ltd to read about them. They have regional offices listed but you can call 0800 046 4143. Give them a call and fully explain your situation. As you will read on the website if they think your case is a non starter they will say so. If though they think they can recover your debt you will be asked to pay a non refundable admin fee of £60 odd. This was the going rate couple of years ago so may be a little more today? Don't know who the mob was who asked you to pay £2000 "upfront"?? Then they go to work. At worst you stand to be the admin fee out of pocket if they fail. Debts CAN be recovered from non working debtors via sale of their assets if they have any. Or DCBL press debtors to get relations and friends to pay to sort the debt. They are good at doing this. Your debtor though is earning decent money albeit self employed. As Horace Batchelor said on Radio Luxembourg many many years ago regarding the football pools "If you are not in you can't win". Dead right. Go after her John.

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