Making a CCJ stick
Discussion
We've just regained possession of a property, the ex tenant owes us money. Normally we write it off as a cost of business, but this tenant has annoyed me because we went out our way to help her, despite the fact that she was an appalling tenant.
She would only communicate by Whatsapp and we don't have a forwarding address for her. The property bills were not in her name.
We could pursue her for the debt at the property address and when she doesn't pay get a CCJ in our favour. But, as far as I know, if the address isn't one she's used for bank or credit card it won't have ended up with the credit reference agencies - I stand to be corrected on that.
As I mentioned, we tend not to pursue people like this. However I know she has aspirations to develop a professional career. I am hopeful that, if we can make a CCJ visible, she will one day have to face up to her responsibilities.
Anyone any knowledge here please?
IIRC you can't serve a County Court summons at the address she rented as you KNOW she isn't there( not just suspect she may have moved)
If she has Royal Mail post redirect,then I think you can apply for an order for substituted service, that can even be service via WhatsApp (possibly,it's been a while since I did this stuff) or via notice in local paper.
Problem after that though will be finding out where she is to enforce the debt...may as well do that before summons stage)
If she has Royal Mail post redirect,then I think you can apply for an order for substituted service, that can even be service via WhatsApp (possibly,it's been a while since I did this stuff) or via notice in local paper.
Problem after that though will be finding out where she is to enforce the debt...may as well do that before summons stage)
I had the exact same scenario with former tenants - tried to help them out initially when they were supposedly struggling, then I found out they had been to Disneyland in Florida with their 18 month old baby. All sympathy went, but I did try to cut a payment deal with them which they bunked on the first payment.
I found their new address pretty quickly, issued an online Moneyclaim against them for unpaid rent only ( I didn't want to get into the hassle of adding on all of the repairs and stuff after they moved out) and they acknowledged the claim and agreed to pay it.
They offered £50 per month which I was reluctant to accept, but looked at the long game - as it was over £600 I could escalate it to HCEO if they defaulted - which they did 3 months later....
Luckily I have access to some useful tracing tools as part of my job role. As above though, issue a claim against their last known address and you are setting yourself up for a fall in the longer term - it will be a default judgment granted in your favour, but also very easy for them to get set-aside when it does catch up with them.
I found their new address pretty quickly, issued an online Moneyclaim against them for unpaid rent only ( I didn't want to get into the hassle of adding on all of the repairs and stuff after they moved out) and they acknowledged the claim and agreed to pay it.
They offered £50 per month which I was reluctant to accept, but looked at the long game - as it was over £600 I could escalate it to HCEO if they defaulted - which they did 3 months later....
Luckily I have access to some useful tracing tools as part of my job role. As above though, issue a claim against their last known address and you are setting yourself up for a fall in the longer term - it will be a default judgment granted in your favour, but also very easy for them to get set-aside when it does catch up with them.
kowalski655 said:
IIRC you can't serve a County Court summons at the address she rented as you KNOW she isn't there( not just suspect she may have moved)
If she has Royal Mail post redirect,then I think you can apply for an order for substituted service, that can even be service via WhatsApp (possibly,it's been a while since I did this stuff) or via notice in local paper.
Problem after that though will be finding out where she is to enforce the debt...may as well do that before summons stage)
Actually the rules state that you must serve them at the last known address. So you can serve them at the flat - though you'd be advised to spend a few quid to try and track her down first.If she has Royal Mail post redirect,then I think you can apply for an order for substituted service, that can even be service via WhatsApp (possibly,it's been a while since I did this stuff) or via notice in local paper.
Problem after that though will be finding out where she is to enforce the debt...may as well do that before summons stage)
S11Steve said:
As above though, issue a claim against their last known address and you are setting yourself up for a fall in the longer term - it will be a default judgment granted in your favour, but also very easy for them to get set-aside when it does catch up with them.
True, but when they do that their submarine will surface and you have another chance to torpedo them. 
It will also cost them the £255 fee unless they qualify for full/partial remission.
Red Devil said:
True, but when they do that their submarine will surface and you have another chance to torpedo them.
It will also cost them the £255 fee unless they qualify for full/partial remission.
If she applied to have it set aside, we'd have a current address for her wouldn't we. What would happen then, we'd need to start a new claim at that address?It will also cost them the £255 fee unless they qualify for full/partial remission.
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. The defendant has a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.
Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made.
It also costs £255 to apply for a set aside hearing, and no guarantee that it will be awarded back in costs to the defendant.
Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made.
It also costs £255 to apply for a set aside hearing, and no guarantee that it will be awarded back in costs to the defendant.
S11Steve said:
If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. The defendant has a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.
Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made.
It also costs £255 to apply for a set aside hearing, and no guarantee that it will be awarded back in costs to the defendant.
More or less what I imagined.Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made.
It also costs £255 to apply for a set aside hearing, and no guarantee that it will be awarded back in costs to the defendant.
TBH I cannot see what possible defence she could put up. Money wasn't paid, flat left in a horrible state and piles upon piles of dog crap in the back garden. Matters of fact. Bank statements, Whatsapp dialogues and photos all available.
My current thinking is to let her settle down somewhere else and then see if we can find a current address. It will save the uncertainty of the above.
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