3 years ago | 9 comments
Hello, the order for possession (accelerated procedure) orders the tenant to pay me fees. However, it also gives the following warning to the tenant:
“If you do not pay the money owed when it is due and the claimant takes steps to enforce payment, the order will be registered in the Register of Judgments, Orders and Fines.”
The tenant has not made the payment. It is my understanding that the registration of the CCJ in the public register is not automatic and will require me to take further action but I am not entirely sure what I need to do to make this happen. Could anyone knowledgeable in this matter provide me with a quick rundown of the next steps? For clarity, I just need to register the CCJ. Well aware that I am throwing good money after bad.
Thanks,
Alex
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Member Since January 2015 - Comments: 1447 - Articles: 1
10:57 AM, 4th August 2023, About 3 years ago
You need to enforce the Order.
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment
Member Since August 2023 - Comments: 4
1:19 PM, 4th August 2023, About 3 years ago
Reply to the comment left by Judith Wordsworth at 04/08/2023 – 10:57
Would you be able to advise the simplest enforcement route bearing in mind that the goal is simply to cause the CCJ to get registered in the Register of CCJs and not to maximise the chance of payment?
Member Since March 2016 - Comments: 254
1:33 PM, 4th August 2023, About 3 years ago
I have to write to the courts and ask them to register CCJ’s as a warning to future LL’s.
I wrote to the Manager of the Court.
Dear Sir
Claim Number: E123456
I am the claimant for the above CCJ against **** of ADDRESS.
The defendant has not paid.
Please include this judgement in a searchable register.
Yours faithfully
The CCJ system is a joke.
A search of a tenant’s CCJ history only finds those that have been registered.
If you don’t know it’s not registered then a new tenant can have many CCJ’s but you’re oblivious until it’s too late.
To add insult to injury, you have to pay to search an ex-tenant’s record to see whether the courts have actually done their duty. Then, becasue the courts use open loop communication methods, pay to search again to see that they have actually done the job.
As for the accelerated process, this is an joke.
12 weeks turned into 12 months and only happened after an intervention by the MP. A mutually agreed, at the tenant’s request, S21.
Process began begining 2022. I wanted to sell summer 2022. Went on the market Feb 2023.
I’m now chasing a declining housing market. The ‘system’ has cost me £thousands and I am not to blame.
You can’t take the courts to court and the self interested Goverment only care about their near miss in the Uxbridge by-election.
Hamish
Member Since August 2023 - Comments: 4
5:06 PM, 4th August 2023, About 3 years ago
Reply to the comment left by Hamish McBloggs at 04/08/2023 – 13:33
I don’t think writing to court is sufficient as the possession order states it is not registered unless the claimant takes steps to enforce judgement.
Did you use county court to evict?
Member Since March 2016 - Comments: 254
5:41 PM, 4th August 2023, About 3 years ago
Reply to the comment left by Alex Spencer at 04/08/2023 – 17:06
3 different S8’s.
Three different County courts.
Yes I took steps to enforce the judgements.
Good money after bad.
Member Since August 2023 - Comments: 4
5:44 PM, 4th August 2023, About 3 years ago
Reply to the comment left by Hamish McBloggs at 04/08/2023 – 17:41
I don’t mind losing some money over the enforcement as I want to do it as service to future LLs. What’s the simplest eforcement action that can be taken?
Member Since October 2022 - Comments: 402
10:56 AM, 5th August 2023, About 3 years ago
According to Experian website, a judgement is recorded if not paid within one month. I can recall a judge advising a defendant if he wants the order to contain an installment plan a judgement would be recorded automatically.
A Debtor can get a certificate of satisfaction from the court if he has paid.
The important question is how to enforce. Attachment of earnings is my favourite
Member Since January 2015 - Comments: 1447 - Articles: 1
11:45 AM, 5th August 2023, About 3 years ago
Reply to the comment left by Alex Spencer at 04/08/2023 – 13:19
Follow the enforcement link.
Member Since June 2023 - Comments: 188
2:12 PM, 5th August 2023, About 3 years ago
Eviction is expensive and very stressful, please don’t cause yourself any extra aggro. PRS is finished for non profesional landlords. The Goverment, Shelter and just about every other loony left org are out to get you. To everyone Sell whilst you still can. Free Lawyers for Tenants Wow! notice its just for tenants though. The lawyers are salvinating
Member Since June 2023 - Comments: 188
2:15 PM, 5th August 2023, About 3 years ago
Eviction is expensive and very stressful, please don’t cause yourself any extra aggro. lFree Lawyers for Tenants Wow! notice its just for tenants though. The lawyers are salvinating