How do I get the CCJ registered with the Registry Trust?

How do I get the CCJ registered with the Registry Trust?

12:06 PM, 30th December 2019, About 3 years ago 32

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We managed to evict a tenant after getting a CCJ, but the Court did not register it with the Registry Trust. We have discovered she is a serial offender with multiple CCJs, but none are registered so she can keep conning new landlords who will be unaware of her evictions or CCJs.

It is not worth us doing Enforcement as she has no car, savings or possessions of any value. I have written to the Camberwell and Shoreditch County Court, but they have not replied.

How do I get the CCJ registered with the Registry Trust?

Many thanks

Trevor

Editors Note:

>> https://www.trustonline.org.uk/

What we do

TrustOnline is operated by Registry Trust and provides access to the Official Statutory Register of Judgments, Orders and Fines for England and Wales on behalf of the Ministry of Justice. Registry Trust also provides access to the Registers for Scotland, Northern Ireland, Isle of Man, Jersey and the Republic of Ireland by agreement with the authorities in those jurisdictions.

TrustOnline is the only service which provides members of the public and businesses with immediate access to search the complete Register.

Registry Trust additionally provides an offline range of commercial activities ranging from data supply to data enhancement and analytical services.



Comments

DALE ROBERTS

20:06 PM, 31st December 2019, About 3 years ago

I also learned to my horror that a CCJ is not automatically granted against a non-paying tenant even after a court order for eviction is enforced. I lobbied both the Court and my legal representative to have the CCJ registered and checked that this had been done by contacting the registry myself. I was not prepared to allow the tenant to continue with an unblemished credit record after she left me almost GBP20 000 in rental and heating arrears. My legal representative also notified me of the fact that he had evicted her from the unit next door to mine before she took occupation of my property. Had the landlord of the next door unit been as determined as I was to ensure the tenant's CCJ was registered she would not have been able to so glibly misrepresent her rental history to the managing agent and gain access to my unit.
I have also learnt that serial rental offenders who have made renting a professional career basically do not care about CCJ's. They operate by renting only furnished properties and use only cash. If the average Section 8 takes 8 months to enforce - during which the serial non-paying tenant retains the rent due - this can accumulate to a sum that is equivalent to some people's life savings. Multiply that a few times over, and include the very slim likelihood of any landlord recouping those losses under the very lenient and protective tenant regulations, and you will understand why these rogue tenants can make a very lucrative career out of enforced evictions.
The fact that those evictions are not automatically registered enables the legitimate thieving.
The system itself has given rise to this untenable situation and it is landlords who bear the brunt of that.

DALE ROBERTS

20:14 PM, 31st December 2019, About 3 years ago

Reply to the comment left by Alistair Cooper at 31/12/2019 - 07:59
It is not automatically registered. My Section 8 and subsequent eviction necessitated me approaching the Court to have the CCJ registered.

DALE ROBERTS

20:15 PM, 31st December 2019, About 3 years ago

Reply to the comment left by David Lawrenson at 31/12/2019 - 11:44
Why is an eviction not considered an enforcement?

DALE ROBERTS

20:22 PM, 31st December 2019, About 3 years ago

Reply to the comment left by John at 31/12/2019 - 10:30
An eviction is an enforcement. Do not allow the Court to ignore you. Submit confirmation of the eviction to them and demand that they register the CCJ. That is your right.

Monty Bodkin

20:27 PM, 31st December 2019, About 3 years ago

Reply to the comment left by DALE ROBERTS at 31/12/2019 - 20:22
Demand all you want, they won’t.

DALE ROBERTS

17:40 PM, 1st January 2020, About 3 years ago

I demanded.
And got.
It took 2 weeks.

John

10:27 AM, 2nd January 2020, About 3 years ago

Dale, From what I hear you are very lucky to get it Registered. I have been told that most Courts will not Register a CCJ until an Enforcement case is taken to try and recover the money owed. I think you are talking as a layman and not a solicitor- is that correct.
In my case the tenant has no savings or possessions of any value so it doesnt seem worth spending more money on taking out an Enforcement case to get nothing. I have spoken to a Solicitor who said "all he can do is write to the court asking for it to be registered so I might as well save his fees and write to the court myself". I have written and the court havent responded. As I see it what I need to do is somehow get the CCJ registered now and do Enforcement in 5 years time when she may by then have some savings or a full time PAYE job. Having a CCJ now would prevent her conning future landlords and may encourage he to pay off the debt to get the CCJ Settled.

DALE ROBERTS

12:23 PM, 2nd January 2020, About 3 years ago

Thank you for your reply John. However I did utilise a legal company to evict the tenant (I live in South Africa and am a non-UK BTL investor forced to use a second party for all property matters). It was my legal representative I lobbied first insisting that, as an eviction had been forced by the non-paying tenant, an enforcement had thus occurred. He agreed and together we approached the Bromley Court to have the CCJ registered without further legal costs to myself. Perhaps you appointed a Solicitor who prefers the easy approach? And do not presume this is a judgement. You have all my sympathy for a situation that mirrors my own. And I doubt the serial rogue tenant I had the misfortune to experience will ever repay me the GBP20 000+ she owes me. She has made living rent free a very profitable career and this is indulged by the very biased landlord legislation we are all subject to. I have, as a result, sold one of my two properties and will sell the next once the present tenancy expires. I have no interest in a country that aids and abets legal thieving which places me, as an investor, in a very precarious position. The UK appears to consider non paying tenants as errant pets when they should be considered criminals.
Try ignoring a small parking fine in the UK and compare the resultant punitive actions.
Approach your Court again and again until you succeed. That is your right if you had to appoint eviction Bailiffs. You have fulfilled the enforcement criteria and your Court must obey the law.
And in the interim upload the tenant to Landlord Referencing and Tenant Referencing.
As an aside, in the event you ever find yourself in a similar predicament I used Lee Daniels of Helpland and would recommend him unreservedly.

Monty Bodkin

13:11 PM, 2nd January 2020, About 3 years ago

Reply to the comment left by DALE ROBERTS at 02/01/2020 - 12:23
Dale, please can you confirm your ex tenant shows up here;
https://www.trustonline.org.uk/

Secondly, was the £20000 they owe you part of the court order to be paid off in installments? I've not tested this myself but I've been told this does go on the register.

Unfortunately, eviction proceedings alone is not sufficient for it to go on the register.

Binks

13:43 PM, 2nd January 2020, About 3 years ago

It is very interesing reading all the comments and the differing experiences. It seems to me that to some extent the registration or lack of is very court dependent and in some areas the courts employ a somewhat more flexible and logical approach. Unfortunately not in my area - not only has my money order (Section 8 related) not been registered when the judgement was issued back in 2018, but the Court in question is still refusing to register it now, when I'm enforcing it, having finally found the ex-tenants! The Court confirmed they received a notification from my enforcement agency that this judgement was now being enforced by them back in September. However, I just checked and was shocked to see there is still no record of the CCJ in the Register. When I called the court to query this, the official told me that although they have a note on the system that enforcement is in progress, they haven't got a copy of the Writ or proof of HC fee payment and hence will not action registration until they have those. Unbelievable, right? I'd have expected the enforcement agents to provide whatever is needed to the Court automatically, but it would appear this is also not done. So unless you keep an eye on, double check and force everything through, there is absolutely no effort on the part of the Court system to protect further victims of the same tenant crooks. I'm completely disgusted with this branch of the legal system.

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