Do I just write off the judgement?

by Readers Question

3 months ago

Do I just write off the judgement?

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Do I just write off the judgement?

A quick question of general interest that may warrant floating past Property118 readers and experts. I have obtained a judgement for arrears that a problem tenant owed.

However, the tenant has gone to Poland with no thought of returning and is gleefully telling friends and everyone that there is nothing anyone can now do!

Is that really the case?

As we are still members of the EU(just!), is there an arrangement for UK court judgements to be enforced by Polish Bailiffs? Is there anyone out there who specialises in this sort of issue?

I am sure that there must be other Landlords out there who have had similar experiences?

Or do we just write it all off?

Any comments would be welcomed.

Colin



Comments

Neil Patterson

3 months ago

Hi Colin,

I actually found a .Gov page on the subject 🙂 >> https://www.gov.uk/recover-debt-from-elsewhere-in-european-union

"Recover debt from elsewhere in the EU

Use internationally-recognised court forms to recover money you’re owed by someone in another EU country.

This is known as making a ‘cross-border’ claim. You will have to pay a court fee.
If they admit owing the money

You can make a European Payment Order if the other person or business admits owing the money.
If they deny owing the money

You can use the European Small Claims procedure if they deny owing the money, and you’re owed less than €5,000.

You may have to use the national court system for larger sums of money, and should get legal advice:

find a solicitor (England and Wales)
find a solicitor (Scotland)

Find out more about making a cross-border claim in the EU."

Monty Bodkin

3 months ago

No win-no fee European debt collectors here;
https://www.bierensgroup.com/en-gb/
(No recommendation, no connection and apologies if I've broke forum rules)

Luke P

3 months ago

A distant relative of mine had bailiffs recover money owed for a Spanish property gone bad several years after he'd forgotten all about it, so it can be done!

terry sullivan

3 months ago

yes it can be done and should be done--this is a growing problem--mNY ARE CROOKS

Luke P

3 months ago

Reply to the comment left by terry sullivan at 15/03/2018 - 11:41
Like many LLs that have rented to Poles (and other ex-Eastern bloc country tenants), they are in the main great tenants to have, but with around 10-15% resident across my portfolio, I have noticed a bit of 'mission creep' whereby we only had the very odd one do a runner, but as word has spread over the last decade or so, noticed an increase. I used to not bother with a homeowner guarantor for them (most didn't know anyone based here with their own house), but that is also changing as more have laid down roots permanently and so guarantor for their friends.

Darren Peters

3 months ago

Might not be relevant but if the gleeful telling of friends that, there is nothing anyone can do',
is on for example facebook or somewhere where you can screen grab it, do so and keep it in case, in court they pretend they didn't know about the judgement

Mark Alexander

3 months ago

Reply to the comment left by Monty Bodkin at 15/03/2018 - 10:08
Good link Monty, and no you haven’t broken any rules. We are very happy for people to share useful links providing they are not self-promoting. The purpose of this forum is to share best practice. I have bookmarked that link for myself, just in case I ever need it 👍

Ann Diamond

3 months ago

I think you should first consider if it is worth all the hassle. You don't say how much you are owed but I had a case where a tenant was encouraged to stay in my property by the local council, without paying rent, whilst they redecorated somewhere for him. He left owing over £1000 as well as having trashed the place and of course the council rehoused him three days before the bailiffs were due to call.
He offered to pay one penny a month which the court asked me to consider!
I decided to cut my losses and avoid all the worry. So often these people don't have the money anyway.

Darren Peters

3 months ago

Reply to the comment left by Ann Diamond at 16/03/2018 - 08:18
When the court asked you to consider one penny a month, what were your options at that point? Was it a penny or nothing? If they are paying a penny a month does that stop them getting credit or, in any other non-financial way, impede their lifestyle?

You've just reminded me, many many years ago my dad had a cheque bounce for goods he's delivered. It ended up going to court, the guy pleaded poverty and the judge ordered £5 per month for maybe £1000 of goods. There was no opportunity to receive the goods back. Anyhow my dad was looking at this bounced cheque in his desk drawer a few months later and noticed that the writing from the bank,

"REFER TO SENDER" (or similar)

was written across the cheque in PENCIL. He ruminated for a few days, rubbed out the pencil writing and put the cheque into the bank to see what would happen. Surprise surprise it cleared and dad even got a couple more fivers on the standing order before the crook realized.


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