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View Full Version : Anyone ever gone via the High Court, or private debt recovery agent?



janine1271
05-03-2007, 09:42 AM
* Removing This Question - Have Created New Thread *

janine1271
05-03-2007, 10:11 AM
Also, I now have the previous address of the evil ex-tenant - how can I check if she is really the owner of that property, as she told me when we met? Thanks.

UKLandlord1000
05-03-2007, 10:14 AM
Also, I now have the previous address of the evil ex-tenant - how can I check if she is really the owner of that property, as she told me when we met? Thanks.

You can check this on http://www.landregistry.gov.uk/

janine1271
05-03-2007, 15:58 PM
Thanks, will do.

Anyone can reply on the original Q, about the High Court versus private debt collector? Thanks.

Worldlife
05-03-2007, 16:55 PM
I'm not sure why you think this should be a High Court action

The small claims process is an inexpensive and straightforward way of settling disputes for small amounts. This small claims track is often used for consumer claims, faulty goods, goods not supplied, goods recovery, debt, breach of contract etc. For claims between £5000 and £15 000. There is a fast-track process and for claims above that amount there is a multi-track process. Legal aid is not normally available for small claims cases and legal costs are not normally recoverable. With the debtor's agreement, larger sums can also be dealt with by a county court judge, but larger claims are normally heard in the High Court. High Court action may be complex and very expensive. Professional help is essential.

A debt collector can only be more efficient than issuing proceedings yourself if the collector intimidates the debtor. This is illegal but it happens!!!

You could use Moneyclaim online (https://www.moneyclaim.gov.uk/csmco2/index.jsp) to issue your claim.

If however you get the Court Order and the defendant vanishes to Hungary you won't be in a position to recover the debt.

You might be able to get some leverage if you establish that the ex tenant is a property owner and her property is mortgaged.

janine1271
05-03-2007, 17:19 PM
I'm not sure why you think this should be a High Court action

The small claims process is an inexpensive and straightforward way of settling disputes for small amounts. This small claims track is often used for consumer claims, faulty goods, goods not supplied, goods recovery, debt, breach of contract etc. For claims between £5000 and £15 000.

I asked the court for advice after the hearing. They told me the small claims is not valid as the amount was above £5k. I'm not saying they are right, they have given me bad info previously! But just want to be sure. They told me I can follow 3 alternatives: Attachment of Earnings, Warrant of Execution, or High Court route (this last down to the amount I'm trying to recover, which is just shy of £6900).

I've just done the land reg search and found she is the owner of the property in Haywards Heath, if this makes any difference. I will investigate small claims route - thanks for the advice.

janine1271
05-03-2007, 17:31 PM
Actually Worldlife, I just realised where the misunderstanding occurred. I have already got a money judgement, so there's no need to make a claim. I'm now at the point of trying to enforce the judgement, and the only way to enforce it, due to the amount being above 5k, is via the methods I mentioned previously.
But thank you again for replying anyway!

Worldlife
06-03-2007, 03:05 AM
Janine I have had trouble checking the maximum amounts allowable for a Small Claim (I thought they had been increased over £5000 that was set some time ago)

The following link seems to explain the advice you were given by the Court

Table showing differences between Small Claims Court and MoneyClaim Online (http://www.grumbletext.co.uk/page.php?pn=gtclaims)

My immediate reaction is to be daunted by the possibility of High Court action and opt for the Debt Collection Agency.