Kate Mellor

Registered with Property118.com
Friday 27th November 2015


Latest Comments

Total Number of Property118 Comments: 427

Kate Mellor

13:28 PM, 10th January 2022, About 2 weeks ago

Deposit recovery after vexatious bullying claim and no address?

Reply to the comment left by Chris Novice Shark Bait at 10/01/2022 - 12:10
Yes, it was DPS. In this instance the tenant refused to allow the DPS to use their arbitration services which would have been binding to both parties. That is an option either party has. The DPS or any of these services are purely independent “holders” of the deposit until an agreement is reach on the correct distribution at the end of the tenancy. They will arbitrate if allowed, otherwise the landlord must obtain a decision from the court as to the amount a landlord can claim. I believe this is common to all the providers.... Read More

Kate Mellor

12:18 PM, 10th January 2022, About 2 weeks ago

Deposit recovery after vexatious bullying claim and no address?

Reply to the comment left by Tom Crispin at 10/01/2022 - 10:59
I have a 'funny' pandemic story...a business tenant phoned me when the first lockdown was announced, worried. I told her not to worry, none of us knew what would happen and that we'd have to just wait to hear what the government plans might be and what assistance would be offered, but we'd work with her etc. I forwarded her details of grants, business rates holidays etc offered by her local council. Still no rent arrived.

When I eventually spoke to her on the phone her shocked reply to my demand for rent was, and I quote; 'You said I didn't have to pay rent for the whole of the pandemic! I spent the £10K government grant on a new heater/air con unit and repainting the premises because I didn't think I had to pay any rent!'

Good grief! The troubling thing is I actually believe that this is what she genuinely thought...she was sobbing.

No good deed goes unpunished!

Good luck with your debt recovery Tom... Read More

Kate Mellor

10:25 AM, 10th January 2022, About 2 weeks ago

Deposit recovery after vexatious bullying claim and no address?

Reply to the comment left by Kate Mellor at 10/01/2022 - 08:56
Debtor tracing (or skip tracing) costs approx £20-£50 and is usually on a 'no find, no fee' basis.

Options for enforcing a judgement, including links to the relevant forms and guidance notes:
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

Guidance for 3rd party debt orders:
https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325

Application form for 3rd party debt order:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958283/n349-eng.pdf

As you can see, you can apply for more than one 3rd party debt order. For example you could also apply for one for his bank account.

You could try an attachment to earnings if he's employed by his company, but as a director he has the ability to manipulate his earnings.

If you wish to claim the total amount owed by this debtor, which you've stated is more than the amount you currently have a CCJ for, you will need to make a NEW CLAIM. You can choose to apply for a 3rd party debt order using the existing CCJ for ease, but you can still choose to apply for the additional amount owed at any point within the 6 year period allowed.

Have you tried contacting your ex-tenant recently through the DPS website? He was clearly being obstructive purely to ensure that if he can't have the money neither can you. He may change his tune if he's since realised that he won't be free from this debt until it's repaid. Perhaps you could agree not to issue a further CCJ for the remaining debt if he agrees to release the deposit to you. It would be a concession on your part, but it would save you some work and you'd receive much needed funds in a lump sum now. (A bird in the hand is worth more than two in the bush).

One piece of advice I would offer, (learned the hard way by me), is to ALWAYS use a private process server to serve the documents on your debtor. Serial debtors are VERY good at avoiding court bailiffs. I waited for about a year before giving up on the court bailiffs and engaging a private one based in the area the debtor now lives. He had the papers served within a month (and I don't think they made it easy). Private bailiffs will do what it takes, but court ones just do the minimum. The one I used eventually pretended to be reading the meter or something similar after he'd struck out a few times.

This was my one and only time of pursuing a debtor. I normally take pity on those who are just a bit hard up, but these guys were the absolute pits. I'm now getting £75pcm back (which will take them years for the thousands they owed in rent arrears) and I haven't even gone to court for the £15K of property damage they caused. I only applied for the rent arrears at first as the tenants were still in the property at the time, so we had no idea of the damage yet. I wanted to get started while we knew where they were! They were both employed and living the high life with private schools and golf club memberships etc. It was important to me that they had some inconvenience for what they'd done and not just walked away to do it to someone else. It might be a pyric victory, but it meant something to me. The photos of the brand new property before and after their tenancy would make good fodder for an episodes of 'Tenant's from Hell'.... Read More

Kate Mellor

9:32 AM, 10th January 2022, About 2 weeks ago

Deposit recovery after vexatious bullying claim and no address?

CORRECTION:
Apologies, I meant a DEBTOR TRACING SERVICE rather than tenant finder service!... Read More

Kate Mellor

8:56 AM, 10th January 2022, About 2 weeks ago

Deposit recovery after vexatious bullying claim and no address?

Reply to the comment left by Tom Crispin at 10/01/2022 - 08:20
You don’t need a solicitor the guides are all online. It’s pretty simple, I’ve had to do something similar myself. I’ll find you the links later this morning and post it on here. I think a 3rd party debt repayment order is probably simplest. You also should consider pursuing the tenant for failure to comply with his repayment agreement. You can pay a small sum to obtain his address. There are many companies that offer a tenant find service. I think Tenant Verify offers this, but others may have recommendations of one’s they’ve actually used.... Read More