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

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

9:11 AM, 7th February 2020, About 4 years ago 57

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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


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Comments

Rob Thomas

11:44 AM, 10th February 2020, About 4 years ago

John

Do you know what kind of work she does freelance? Most freelance workers need a laptop or computer, which might be something she cannot afford to lose. Therefore, I agree with Richard that the threat of losing such a possession might be enough to force her into paying.

Good luck

Clint

11:47 AM, 10th February 2020, About 4 years ago

As far as I am aware any bailiff, debt collector, etc are not allowed to confiscate anything that is to do with one's livelihood. I once had the situation where I asked a bailiff to confiscate a van which he said he could not as the debtor was using it for his work

Richard Adams

14:21 PM, 10th February 2020, About 4 years ago

Reply to the comment left by Clint at 10/02/2020 - 11:47
Certainly in Scotland, where I experienced it, court appointed and other bailiffs are not permitted, or willing, to take away work related assets. They tend not to try very hard anyway being just salaried staff. This may be because they are only County Court appointed? With action I am suggesting to John DCBL are HIGH COURT appointed. Makes a difference? I recall a DCBL debt recovery where debtor was a bouncy castle operator. His bouncy castle was taken away for sale towards his debt. Taxi drivers have had their taxis taken away also. But it doesn't matter because John can clear this up with DCBL before instructing them or paying a penny.

Clint

14:43 PM, 10th February 2020, About 4 years ago

It seems like DCBL are the people to contact and I have made a note of them next to my list of debts as a contact when I next find the time to chase up my debts. Thanks Richard.

John

16:30 PM, 10th February 2020, About 4 years ago

I have googled DCBL and there are dozens of meanings. What does it stand for in this context?
John

John

16:55 PM, 10th February 2020, About 4 years ago

Rob,
She will have a laptop for her work but it is probably provided by the organization she work for . Also it is only worth peanuts compared to the debt she has. Also Bailiffs couldn't take it if her livelihood depends on it. Hence this idea is a non starter.
Regards
John

Richard Adams

15:08 PM, 11th February 2020, About 4 years ago

Reply to the comment left by John at 10/02/2020 - 16:55
Wrong John! No self employed person gets a laptop or anything much provided for them to carry out their self employed work. Right John that the laptop has little value against the £20,000 overall debt but you are missing the point. The bailiffs will wish, so they earn as much as claiming for you, to take away anything that can be sold and they are legally allowed to search the home. If the laptop, plus other items only raised a few hundred quid wouldn't you rather have that than nothing? Point is though that when debtor realises the matter is getting serious and they cannot escape the situation in which they find themselves the penny drops that coming up with a payment instalment plan might be way forward. Or calling for mum & dad or friends to help out? Wouldn't you settle for £500 a month for 40 months say? To find Debt Collection Bailiffs Ltd on line to view their site and make inquiry phone call type in dcbltd.com. Up comes home page with photos of the actual bailiffs who do the door knocking. I sort of get the feeling you are not going to take any action. Your choice but I shan't post again exhorting you to do so. I gave examples in earlier post where work related items have been taken away for sale so debtor's laptop for example can be taken although you keep saying no. It's your shout.

Uxucvhrtau

15:16 PM, 11th February 2020, About 4 years ago

Obfuscated Data

Kathy Evans

16:38 PM, 11th February 2020, About 4 years ago

Reply to the comment left by John at 10/02/2020 - 16:55
If she works via a Ltd Co (called a personal service company by HMRC) she is technically PAYE (not self-employed) so can have wages stopped even if they are peanuts, but her company will own her business assets

John

16:55 PM, 11th February 2020, About 4 years ago

No Kathy,
The Organisation she works for is classified as a Charity and she is getting £5200 a month plus expenses as a "Consultant".
Regards
John

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