Letting agent ignoring court judgement to pay rent due

by Readers Question

4 years ago

Letting agent ignoring court judgement to pay rent due

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Letting agent ignoring court judgement to pay rent due

Ongoing for nearly a year, a letting agent (I no longer use them) owes me over £1,000.00 in rent that my tenant paid. I have been very patient and listened to many excuses and promises to pay me I’ve even been told that the bank has been authorised to pay me. The owner has no shame. Letting agent ignoring court judgement to pay rent due

She has ignored the court correspondence and the judgement to pay immediately.

I don’t understand what action I should take now. Obviously, I need to go for enforcement but there are a number of options. If the bailiffs go to the premises I doubt they would find anything of value and I will be back to square one.

Can anyone advise on the line of enforcement that will give me the best chance of recovering my rent.

This is a one shop family business.

Thank you for any advice.

Shiela McKenna

Comments

A third party debt order, formerly known as a garnishee, will allow the court to dip into their bank account and get the money to satisfy the judgment debt.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72

Sheila McKenna

4 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "19/05/2014 - 07:52":

Thank you very much, is it difficult to obtain?

I have progressed through MCOL but when it gets to the enforcement part there are no options to choose?

Very grateful for advice.

Thank you

This process is not available on line, you need to contact the nearest county court centre to transfer the case for enforcement.

Alan Soloman

4 years ago

Hi. As the Judgment is over £600 I would use a High Court Enforcement Officer. There is a fee of £60.0 to transfer the Judgment to the High Court. The County Court Bailiff can be used but they are to timid in my experience. A High Court Enforcement Officer has the power to enter commercial premises and add his costs the the Judgment - I have found it very effective. If the Letting agent works from premises and has computers and office equipment etc., so the last thing they will want is for their business to be interrupted by seizure of everything. Thats the route I would take.

Sheila McKenna

4 years ago

Reply to the comment left by "Alan Soloman" at "20/05/2014 - 15:08":

Sheila McKenna

4 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "19/05/2014 - 16:37":

Thank you for helpful advice, I've looked at the third party order. It seems that the third party is a bank but how do I find out which organisation holds their funds?

If I go to county court to get enforcement they will want this info, won't they?

Many thanks

Sheila McKenna

4 years ago

Reply to the comment left by "Alan Soloman" at "20/05/2014 - 15:08":

Thank you so much. Does the High Court Enforcement officer attempt to get a payment or just seize goods?

Alan Soloman

4 years ago

The High Court Enforcement officer will in the first instance try to get the cash from the debtor and if not then go for goods to seize and sell at auction to get what you are owed. They add their fees to the debt and collect it on top of what you are owed.

Sheila McKenna

4 years ago

Reply to the comment left by "Alan Soloman" at "20/05/2014 - 15:08":

Thank you so much for this advice!!!!!

It worked and yesterday I received a cheque from the Sheriff's Office for the full judgement amount, court fees plus interest!!!! The letter from the Sheriff's stated that the proprietor became verbally abusive but eventually paid in full.

It has cost the Estate Agent (can I name them on here?) about £450 more than if they had just paid me my tenant's rent! Crooks! Deserve it!!!

Thank you again.

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