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View Full Version : Enforcing judgment against tenant who's done a runner



nikus
11-03-2006, 13:09 PM
I have recently evicted a tennent through the courts and was awarded rents owed and fixed costs. These amount to over £2000 and I would like this back, the problem is that he has " done one", and all I have now is a name and a CCJ. Does anyone know if there are companys or bodies that will take this onboard and find the tennant and recover the money.

davidjohnbutton
11-03-2006, 13:38 PM
There are loads of companies who will trace the debtor - but as for getting your money - if the debtor does not pay up voluntarily you will have to enforce payment by use of Bailiffs/attachment/siezure of bank account funds/charging order etc. All these steps will cost you a court fee with no assured prospect of whichever process being successful.

An unemployed debtor who rents a house and has car on HP or in another name will have no assets you can bailiff-sieze, probably no bank account, or if there is one, with only social security money in it which you cannot sieze and no house you can put a charge on.

You may be on what is called a loss leader here particularly if the former tenant is making it difficult to find him. You are best leaving it for approximately three years and then searching UK Info Disk and/or electoral registers if you have some idea of where he has gone.

If your tenant was in receipt of HB/LHA, use Section 35 of the data protection act to ask the local council for his/her new address.

Ericthelobster
11-03-2006, 16:57 PM
Surely there are companies who 'buy' debts from creditors, aren't there? (for a considerable amount less than the amount of the debt, of course) Or do those sorts of outfit only take work in bulk from big companies?

islandgirl
12-03-2006, 18:39 PM
I am in exactly the same position - tenants "did a runner" owing me £2000+, I have a ccj against them and know they are claiming HB locally. I would be very interested to hear if I could get their new address under the DPA. This is the first I have heard about this! Also I would love to find a debt collection company to whom I could sell the debt and who would make their life very uncomfortable! I will be reading this thread with great interest!

Tootsie Roll
13-03-2006, 14:41 PM
Surely there are companies who 'buy' debts from creditors, aren't there? (for a considerable amount less than the amount of the debt, of course) Or do those sorts of outfit only take work in bulk from big companies?

Yes - they will only buy large amounts of debt where the risk is spread.

Try Mackenzie Hall for the trace work, they will take on individual landlord accounts but expect to pay about £150 for each case. I can't find their Trace department's number which is based in Blackburn but their main office number is 01563 554540.

A good friend of mine is their Trace Director and he is one of the best in the business - mind you finding them is only the start of the process !! I would only recommend charging order (unlikely if they have been renting from you !) or an attachment of earnings. A warrant of execution is rarely worthwhile.

youmademerealise
05-04-2011, 23:24 PM
There are loads of companies who will trace the debtor - but as for getting your money - if the debtor does not pay up voluntarily you will have to enforce payment by use of Bailiffs/attachment/siezure of bank account funds/charging order etc. All these steps will cost you a court fee with no assured prospect of whichever process being successful.

An unemployed debtor who rents a house and has car on HP or in another name will have no assets you can bailiff-sieze, probably no bank account, or if there is one, with only social security money in it which you cannot sieze and no house you can put a charge on.

You may be on what is called a loss leader here particularly if the former tenant is making it difficult to find him. You are best leaving it for approximately three years and then searching UK Info Disk and/or electoral registers if you have some idea of where he has gone.

If your tenant was in receipt of HB/LHA, use Section 35 of the data protection act to ask the local council for his/her new address.

Interesting stuff. I have a tenant who has recently scarpered. I understand I cannot get a CCJ without a current address, is that correct?

You really think leave it as long as three years? Should I try to proceed with the money claim before that time?

(In England, not Scotland)

Snorkerz
05-04-2011, 23:28 PM
Interesting stuff. I have a tenant who has recently scarpered. I understand I cannot get a CCJ without a current address, is that correct?

You really think leave it as long as three years? Should I try to proceed with the money claim before that time?

(In England, not Scotland)Wait about 3-4 months (for a trail to be laid) then use a trace company like findermonkey. You can pursue the debt for up to 6 years.

davidjohnbutton
05-04-2011, 23:44 PM
You can pursue a CCJ for more than 6 years but after 6 years you need the leave of a County Court Judge to take enforcement action and each case is on merit - good reasons for failure to enforce are difficulties finding the debtor, or debtor avoiding contact or frustrating service of oral examination orders for example.