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

SimonR

13:15 PM, 27th February 2020, About 4 years ago

Reply to the comment left by John at 26/02/2020 - 21:05John you do indeed have 6 years to make a claim but you say she is Irish, should she return to Ireland prior to you getting the ball rolling with enforcing the CCJ you already have against her will the become harder the longer you leave it given the fact we have now pretty much left the EU recovery of any debt would be extremely difficult however whilst we are still in the transition period and she is residing here it can still be done.

Richard Adams

17:11 PM, 27th February 2020, About 4 years ago

Reply to the comment left by SimonR at 27/02/2020 - 13:15
Spot on Simon 100%. John just needs to call DCBL now and at zero cost explain his situation. If they think it's a no go then forget it. If though as is likely from what he has said they will take it on then he pays £60 odd (maybe a bit more since I last used them?) and let them crack on. Worst thing that can happen is they don't get a result by way of instalment payments for some reason I cannot foresee so he is peanuts out of pocket for trying. Peanuts indeed against the £20000 the ex tenant owes him. Were the debtor a fly on the wall witness of this long running thread she would be laughing her socks off with relief at John's continuing inexplicable indecision. I desperately want John to get his money but also want this rotten ex tenant to learn she cannot get away with it so she won't try it on again with some other luckless landlord. .

Clint

17:18 PM, 27th February 2020, About 4 years ago

Reply to the comment left by Richard Adams at 27/02/2020 - 17:11
Hi Richard. I have followed all these posts and noted DCBL as I have many debts to chase. What is the £60 for? I would have thought they would want a proportion of the debt. Is that not correct?

John

18:57 PM, 27th February 2020, About 4 years ago

Hi Clint,
As I understand it the £66 is to go to Court so the Bailiffs ( DCBL in this case) have legal authority to act on the case. Their fee will be added to the debt the debtor owes. If they are unsuccessful I believe that there will be a £75 plus VAT additional fee..
Regards
Juhn.

Clint

19:38 PM, 27th February 2020, About 4 years ago

Reply to the comment left by John at 27/02/2020 - 18:57
Thanks. I think I will just have to ring them and find out exactly how they go about it. It is rather strange that they charge a fee when they are unsuccessful. I would have thought it would be the other way round

Richard Adams

20:37 PM, 27th February 2020, About 4 years ago

Reply to the comment left by Clint at 27/02/2020 - 17:18
Clint, the £60 odd paid up front is to cover their admin only. So having pre discussed a particular situation with them if they think it's a goer then you pay. I must stress if they think you are flying a kite they will say so hence you pay nothing. The fee covers their admin expenses only in getting authority from the High Court etc. No more as they earn as follows roughly. Say in John's case where debt is £20K they write to debtor demanding £20K plus the plus being their earner. Letter explains if they don't pay within time stated then the chaps will be visiting with power to seize goods etc AND the amount owing will have risen quite a lot. Extra earner for DCBL plus the actual bailiffs who visit who are on a %age so won't be brushed aside like Court Bailiffs often are. The debtor in John's case like most others will ignore the letter like she did the CCJ so will end up paying very considerably more than the original £20K be it through seized assets or instalments. DCBL will have earned nicely and good luck to them I say. Non paying tenants especially always think they are going to get away with it hence never responding to letters. If you have ever watched the TV programme "Don't Pay & We'll Take It Away" you will see exactly how things invariably pan out when the bailiffs visit. Anger, lies, emotional outbursts etc etc then the eventual realisation that they have got to pay somehow. Beautiful to watch and in my actual cases handled by them brilliant to hear afterwards what the debtors actually said and how they pathetically tried to wriggle out of paying!! Returning to the £60 odd upfront payment, in the rare instance when bailiffs fail to collect the debt then that is lost. They have spent it on admin. It all boils down to a landlord being owed rent deciding whether he is prepared to "speculate" a measly £60 odd to nail his non paying tenant. Answers on a postcard whether that is money well spent!

Richard Adams

20:38 PM, 27th February 2020, About 4 years ago

Clint, the £60 odd paid up front is to cover their admin only. So having pre discussed a particular situation with them if they think it's a goer then you pay. I must stress if they think you are flying a kite they will say so hence you pay nothing. The fee covers their admin expenses only in getting authority from the High Court etc. No more as they earn as follows roughly. Say in John's case where debt is £20K they write to debtor demanding £20K plus the plus being their earner. Letter explains if they don't pay within time stated then the chaps will be visiting with power to seize goods etc AND the amount owing will have risen quite a lot. Extra earner for DCBL plus the actual bailiffs who visit who are on a %age so won't be brushed aside like Court Bailiffs often are. The debtor in John's case like most others will ignore the letter like she did the CCJ so will end up paying very considerably more than the original £20K be it through seized assets or instalments. DCBL will have earned nicely and good luck to them I say. Non paying tenants especially always think they are going to get away with it hence never responding to letters. If you have ever watched the TV programme "Don't Pay & We'll Take It Away" you will see exactly how things invariably pan out when the bailiffs visit. Anger, lies, emotional outbursts etc etc then the eventual realisation that they have got to pay somehow. Beautiful to watch and in my actual cases handled by them brilliant to hear afterwards what the debtors actually said and how they pathetically tried to wriggle out of paying!! Returning to the £60 odd upfront payment, in the rare instance when bailiffs fail to collect the debt then that is lost. They have spent it on admin. It all boils down to a landlord being owed rent deciding whether he is prepared to "speculate" a measly £60 odd to nail his non paying tenant. Answers on a postcard whether that is money well spent!

Clint

21:16 PM, 27th February 2020, About 4 years ago

Reply to the comment left by Richard Adams at 27/02/2020 - 20:38
Thanks Richard. You have been ever so helpful. I am rather surprised that I did not hear of DCBL before and I can see that they have a real incentive to sort out the debt if there is any chance of getting it. Chasing my debts will be the next on my list and I do have many......all from ex-tenants

Richard Adams

22:14 PM, 27th February 2020, About 4 years ago

Reply to the comment left by Clint at 27/02/2020 - 21:16
Go for it Clint and good luck. Getting what you are owed plus nailing bad tenants combined is a pleasurable experience.

John

22:34 PM, 27th February 2020, About 4 years ago

Richard, I have spoken to DCBL and think you are slightly wrong.
They tell me that the £60 is not for admin but for the court costs of them getting legal authority to act as Bailiffs in the particular case. They say that this £60 can be added to the debt that the tenant owes. If DCBL are successful in recovering money they will take a cut and this will be added to the debt the tenant owes, so they are motivated to try hard. However if they are not successful you will have to pay them £75 + VAT for their efforts.
Regards
John

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