Would a Processor Server help where High Court Bailiffs have failed?

Would a Processor Server help where High Court Bailiffs have failed?

15:34 PM, 16th June 2022, About 2 weeks ago 31

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Hi all, I read on this site that some landlords use Process Servers. Can someone please explain how that works?

I have two large outstanding debts from previous tenants who have long since been re-housed and according to their internet profiles they are both enjoying the life of riley one way or another. One is an ‘influencer’ so is all over social media. I know where both of them live – neither are no longer in ’emergency’ or ‘temporary’ accommodation.

Both debts were escalated up to High Court Enforcement – however, due to the notification of bailiff visits now being a legal requirement – these two just hide virtually in plain sight at the time of any planned visit. Bailiffs say they’re convinced that someone is at home when they’ve called. Neither tenant opens the door.

There is no point in pursuing that route any further so I’m thinking along the lines of pursuing an assessment of their financial circumstances. Is that something that could be done with papers issued by a process server? If so, is there direct access to process servers – or do they only take work from solicitors?

Thanks in advance for any responses received.

LordoftheManor



Comments

Clint

13:36 PM, 19th June 2022, About 2 weeks ago

Reply to the comment left by CMS at 18/06/2022 - 08:59
I too would very much appreciate advice from you. I have several clients owing me money all with CCJs. I have used DCBL on two occasions and was successful on one occasion. On the second occasion, they were not able to help as the tenant was either not there or did not answer the door.

The enforcement officer assumed that the tenant would not be able to pay the debt based on the building surroundings. I am certain that he would be able to pay it off as, in entering his flat it is like Aladdin's Cave. The tenant also recently bought a 2017 BMW on hire purchase so obviously has money. The officer could not touch this as, it was purchased on hire purchase.

I would appreciate it if you could advise me as well on how to possibly recover my debts and arrange for your email and contact number to be sent to me or vice versa. Thanks

CMS

14:02 PM, 19th June 2022, About 2 weeks ago

Reply to the comment left by Clint at 19/06/2022 - 13:36
Hi Clint, well they say things come in 3's and as i have already agreed to have an initial look at Anne Nixon's matter and Lordofthemanor's matter for free in this instance i guess i should make 3. Do you want me to ask Mark A to a forward you my email and number? Best, Charles

CMS

14:04 PM, 19th June 2022, About 2 weeks ago

Reply to the comment left by LordOf TheManor at 18/06/2022 - 16:48
Honestly its not a problem. If i can give you some pointers that help i am more than happy to. Best, Charles

Clint

14:06 PM, 19th June 2022, About 2 weeks ago

Reply to the comment left by CMS at 19/06/2022 - 14:02
Yes please. Thanks Charles.

CMS

14:07 PM, 19th June 2022, About 2 weeks ago

Reply to the comment left by Clint at 19/06/2022 - 14:06
ok leave it with me. Best, Charles

DALE ROBERTS

17:07 PM, 19th June 2022, About 2 weeks ago

Reply to the comment left by CMS at 18/06/2022 - 15:52
South Africa.

CMS

17:33 PM, 19th June 2022, About 2 weeks ago

Reply to the comment left by DALE ROBERTS at 19/06/2022 - 17:07
Thanks and what is it about being abroad that makes it more difficult to consider chasing these debts? is it just that you need someone over here to manage it and basically take it up for you or is it more than that? i hope its ok to ask. Best, Charles

DALE ROBERTS

11:44 AM, 20th June 2022, About 2 weeks ago

Reply to the comment left by CMS at 19/06/2022 - 17:33
A number of factors. I am a solely offshore BTL investor and in hindsight wish I had never dabbled. The differences in being a property investor between our two countries is vast and the UK is a particular minefield that has left me singularly depressed at the wholesale and biased government onslaught against this sector. I have one more property left to sell but it blighted by the indifference of the Tories and their blatant disregard for those caught up in the cladding scandal. As I am so unfamiliar with the very regulated and ponderously slow process to have my CCJ paid I have cast around quite blindly for assistance, which of course is available at cost, but thus far have not been convinced I will be successful. The tenant who legally thieved her rental from me, aided and abetted by the very legislation I find discriminatory, is a mistress supreme of using this legislation to her benefit. I thus go to war against an expert of many years well versed in hiding her wealth and whereabouts. I do not want to waste more money on attempting to have my judgement settled by a paltry GBP10 a month offer which the courts are happy to accede to it appears.
So, if I could be guided by someone I trust with a better than average chance of success I would pursue her. Until then I remain wary and gnash my teeth in futile fury at a system that takes pleasure in protecting tenants of her ilk.

CMS

12:02 PM, 20th June 2022, About 2 weeks ago

Reply to the comment left by DALE ROBERTS at 20/06/2022 - 11:44
HI Dale, completely understand all that. Well i am a solicitor as you probably gathered. I deal with a variety of matters and judgment debts and enforcement form part of it.

I haven't been coming on here for long and am just trying to help a few people out by giving them a quick briefing on what i think they can do. I have agreed to do this for 3 people for free and we will see where it goes.

I am happy to do the same for you but i do have a workload so would you mind, if you do want a second opinion, contacting me in a week and we can take it from there? I spoke to Mark A the other day and he said members will be able to message each other on here from next week i think so maybe when thats up and running you could message me? That sound ok? Best, Charles

DALE ROBERTS

12:26 PM, 20th June 2022, About 2 weeks ago

Reply to the comment left by CMS at 20/06/2022 - 12:02
Thank you Charles. I would not like to presume on your goodwill although I can see it is well intended 🙂 It may be in my and other commentators, with a keen interest in the subject, to await updates from the landlords you have so kindly availed yourself to and make a decision thereafter based on their experiences. I do know that recouping losses from tenants remains a highly emotive and thankless ordeal that many landlords prefer to walk away from. I struggle to do so though. Tenants who do not pay rent and trash property should be exposed and held responsible for the felons they actually are. This attitude of course places me directly in confrontation with Shelter and the oleaginous Ms Neate who remains defiantly and ignorantly oblivious to the obvious.

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