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Softouch
18-01-2009, 08:41 AM
Hi

four years ago I gained a possession order with a money order and judgment against a bad tenant. She left before eviction and I pursued the debt via the small claims court (circa £2000). At the stage of the order for questioning (oral exam) she vanished off the face of the earth. Anyway yesterday she telephoned me and said she had been made bankrupt and included the former tenancy arrears to me in the order (news to me!) That the bankruptcy order was now finished and she was starting with a clean slate. She wants me to write to the court stating I dont intend to pursue the ccj so that they will remove it from her record.

First I am annoyed that my court order was in effect superceded by the bankruptcy order. But second I am puzzled that if it was on the bankruptcy order (which it was and I now have a copy of it) why she needs me to write to the County Court about it?

I assume that since the bankruptcy order is now finished that I cant chase the debt and will simply write it off. What annoys me most is that her reasons are because she is applying for new tenancies, including social housing and the bankruptcy (apparently) allows her to get her full housing points, ignoring her previous indebtedness.

Sorry rant over, but comments on the ccj post bankruptcy would be very welcome.

P.Pilcher
18-01-2009, 10:38 AM
I think that my reply would be to her suggesting that I would be delighted to write the letter that she requires as soon as I received full payment of the debt as recognised by the CCJ. Why on earth should you raise a finger to help her under any other circumstances? I would also consider continuing to persue her for the debt: she has, by her own words admitted that this is possible and that bankruptcy does not completely wipe the slate clean. £2,000 in my book is a lot of money.

P.P.

Preston
18-01-2009, 12:09 PM
Hi

four years ago I gained a possession order with a money order and judgment against a bad tenant. She left before eviction and I pursued the debt via the small claims court (circa £2000). At the stage of the order for questioning (oral exam) she vanished off the face of the earth. Anyway yesterday she telephoned me and said she had been made bankrupt and included the former tenancy arrears to me in the order (news to me!) That the bankruptcy order was now finished and she was starting with a clean slate. She wants me to write to the court stating I dont intend to pursue the ccj so that they will remove it from her record.

First I am annoyed that my court order was in effect superceded by the bankruptcy order. But second I am puzzled that if it was on the bankruptcy order (which it was and I now have a copy of it) why she needs me to write to the County Court about it?

I assume that since the bankruptcy order is now finished that I cant chase the debt and will simply write it off. What annoys me most is that her reasons are because she is applying for new tenancies, including social housing and the bankruptcy (apparently) allows her to get her full housing points, ignoring her previous indebtedness.

Sorry rant over, but comments on the ccj post bankruptcy would be very welcome.

Hi

Arrears up to the point of a bankruptcy order are included in the bankruptcy order. You are not normally allowed to continue any legal action in relation to any arrears up to that point unless you got a court order before her bankruptcy. In certain circumstances, this means that you can continue with enforcement and I guess that this might be what she is referring to.

Alternatively, it could be simply that the landlords to whom she has applied have asked her if she has any rent debts; most social landlords will take this into account if she has. They will expect her to demonstrate that she has made arrangements to clear the debt (although this may now be superseded by the bankruptcy) and may want to obtain a reference from the former landlord. I know of no social landlord however, who would give any points or preference simply because someone has become bankrupt.

Having said all this, I think there is something that doesn't add up. If your debt was included in the bankruptcy, you should have been contacted at the time by the Insolvency Service so that you could confirm the debt. They should also have let you know whether and how much you would be receiving from the bankruptcy process. I think it might be worth some enquiries with them.

Preston

fletchj
18-01-2009, 13:02 PM
This dosn't sound quite right - if your ccj was included in her bankruptcy the OR should have been in touch with you at the time to inform how much if anything was due to you as a debtor under the terms of the bankrupcy. The OR would then have informed the court and your ccj would be marked as settled or something similar.

I suspect that she did not include your debt in her bankruptcy (or of course could be flat out lying).

I would write back to her and say you are sure that something can be sorted out and could she please furnish you with full details of the bankruptcy - then get in touch with the OR and find out the full story. I'm not sure but I think if she hasn't included your debt specifically you can continue to pursue it so you would need to take advice once you have the full story.

I seem to remember that there is a register of bankruptcies that you can access as well.

LandlordLee
18-01-2009, 15:59 PM
Tell her you will persue her fully. In my opinion you should let her know that you would be happy to help if she can pay you your money back. £2000 is quite a sum, and this tenant needs to learn you are not prepared to stand down on this - the little rat.

I think that she has not applied to be bankrupt (this alone costs £500 ish), as you would have been notified. It sounds like she is trying to hoodwink you into the removal of the CCJ so she has clean credit.

I feel like telling her to f**k off myself

Softouch
18-01-2009, 16:14 PM
Thanks to everyone for the replies. Bad news is I have seen a copy of the bankruptcy order and it does include my £2k. But I dont understand why this itself didnt discharge my ccj. I am waiting for a response from the OR as I was livid when I saw the copy bankruptcy some four years after she went AWOL. So far all they have said is that former tenant arrears can be included in a bankruptcy order and they will look into my complaint. I wont rush to do anything, and will wait to speak with the OR for some kind of explanation.