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Those aren't the costs of a possession action though, are they ?

 

True, it looks like I misunderstood the OPs latest post. Clearly need my Monday morning coffee! :oops:

 

It would be prudent for the Op to ask how long the Bailiff's will take to enforce the possession order.

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I am thinking over what you said about restarting again. The county court has ordered the eviction and the date has expired so that wont need to be redone.

 

Do you now mean to put in a new application to the county court to take to High Court along with the arrears of rent and the court charges? Seems they have no intention of paying any more rent and would love to get the bailiffs to state on the enforcement that there is outstanding rent as then they wont get rehoused by the Council which is what they are after.

 

It costs around £130 that I had to pay last week to the courts for the enforcement.

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OK, to clarify, when you say 'ordered the eviction' I presume you are referring to the fact that the order for possession has been granted and the tenants have not vacated the property by the date they had to?

 

The next step is to instigate an enforced eviction. I think you have already instructed the County Court Bailiff for this aspect (correct me if I'm wrong) and it would be prudent to find out when they can attend. As already mentioned many courts have severe delays and Birmingham seem to be one of them.

 

In terms of enforcing for the rent owed, this will realistically be done separately. As you know, to use an HCEO the judgment you have would need to be varied bring the sums due over £600. It may be worth waiting until they have vacated as then you will know the exact amount of rent owed, less any deposit etc.

 

Since the introduction of the Taking Control of Goods Regulations landlords have had a tough time. This is in part because the HCEO/Bailiff has to now send a Notice of Enforcement giving 7 clear days (about 12) notice of a visit to enforce against a tenants goods. Given that most landlords want their property back quicker than that the debt element is often left until afterwards. Then you have the problem of finding the tenant again.

 

It would be useful if you could answer this question in the first instance - Q: Does the tenant have a job and do they drive a car of valued over £3,000 which is not on finance?

 

Also, was the property rented furnished or are the assets inside the debtors and if so is there any value to them?

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OK, to clarify, when you say 'ordered the eviction' I presume you are referring to the fact that the order for possession has been granted and the tenants have not vacated the property by the date they had to? YES They should have left end of August.

 

The next step is to instigate an enforced eviction. I think you have already instructed the County Court Bailiff for this aspect (correct me if I'm wrong) and it would be prudent to find out when they can attend. As already mentioned many courts have severe delays and Birmingham seem to be one of them. I am out most of tomorrow so will try ringing them Wednesday to see if I can find out what the time period will be.

 

In terms of enforcing for the rent owed, this will realistically be done separately. As you know, to use an HCEO the judgment you have would need to be varied bring the sums due over £600. It may be worth waiting until they have vacated as then you will know the exact amount of rent owed, less any deposit etc. Note taken to wait on rent arrears

 

Since the introduction of the Taking Control of Goods Regulations landlords have had a tough time. This is in part because the HCEO/Bailiff has to now send a Notice of Enforcement giving 7 clear days (about 12) notice of a visit to enforce against a tenants goods. Given that most landlords want their property back quicker than that the debt element is often left until afterwards. Then you have the problem of finding the tenant again.

 

It would be useful if you could answer this question in the first instance - Q: Does the tenant have a job and do they drive a car of valued over £3,000 which is not on finance? Both the tenants are working in paid jobs, they do have a car but I dont know what it is. I doubt it is on finance as they appear to have a bad record.

 

Also, was the property rented furnished or are the assets inside the debtors and if so is there any value to them?

The property was rented unfurnished, they have purchased a whole load of brand new furniture since moving in, its still all quite new so to speak, their TV is much larger and better than mine.

 

If the hold off on chasing the rent till they are gone do I still have to go back to court to get permission again? Thank you for your advise.

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Now I'm not trying to be negative as you have been given some splendid advice but I think you need to look at this in two ways. Firstly getting your property back and hopefully without any damage being incurred. I think the bit you may have to have second thoughts about are the monies that you are owed. Granted they owe but seem quite adept at avoiding payment, as I have said many times before just because you have Judgment is no guarantee you will ever get paid. They may have new furniture and a bigger telly but the chances are it will all be on tick or from Perfect Homes or similar. You could end up shelling out for different forms of Enforcement but never receive 1p back.

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It is important to manage expectations here. For an HCEO the repossession of a property is straightforward and pretty much guaranteed.

 

Recovering unpaid rent is a lot harder. The assets you mention will be worth nothing at auction and that's even if they let him in to seize them. I've asked but you've not mentioned a car. In reality unless they have a assets worth about £3-4,000 that are seizable and can be sold then it is unlikely you will get paid in full via the HCEO/Bailiff route.

 

We see many landlords leave the debt and concentrate on getting the property back first. As a judgment lasts for 6 years it may give them an opportunity to enforce at a later date, maybe when the debtors financial circumstance improve.

 

However, you are correct that you can apply for an attachment of earnings but don't expect to be paid very much each month. We see some monthly payments as low as £3.

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You really should have taken my previous advice. The County Court Bailiffs are notoriously inefficient unfortunately. They are salaried civil servants and have no real incentive to recover what you're owed. HCEOs are only paid properly on results. The cost of instructing an HCEO is £34 cheaper too.

 

Without wishing to take this subject 'off topic', I would like to highlight a query that I received this morning from a lady who had secured a judgement against a debtor. The judgment is in the region of £3,500.

 

The debtor attempted to get the judgment 'set aside' and the judge refused. The debtor then applied on an N245 to 'vary' the court order. The creditor objected and the debtor was informed that he needed to attend a hearing. The judge rejected his application (to vary). The creditor applied for a warrant and the county court bailiff attended the debtors address. So far, he has managed to obtain £1,000 from the debtor but is struggling to get any further payments. A few days ago, the bailiff 'levied' upon a vehicle. This morning, the creditor received the following letter from the court:

 

Dear xxx

 

The bailiff has levied upon the goods listed below

 

Before the court can proceed, you must file an indemnity as to costs. This means that if the goods removed and sold at public auction do not realise sufficient money to cover the costs of removal and sale, or a third party proves ownership of the goods, or the sale does not proceed, you will be responsible for the payments of the expenses incurred. This will include the costs of breaking in, replacement locks, transport, storage, specialised advertising, auctioneers fees and any claims resulting from forcible entry.

 

Please complete and return the attached response slip within fourteen days, or as agreed with the bailiff.

 

If the completed slip is not received by the court within fourteen days, the warrant will be filed away, execution abandoned and no further action will be taken.
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Think you may find this is the CCB & their Office covering their backs whereas an HCEO would have a different outlook on the action required. Shows really how ineffective & restrictive the CCB is.

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Dear xxx

 

The bailiff has levied upon the goods listed below

 

Before the court can proceed,
you must file an indemnity
as to costs. This means that if the goods removed and sold at public auction do not realise sufficient money to cover the costs of removal and sale, or a third party proves ownership of the goods, or the sale does not proceed, you will be responsible for the payments of the expenses incurred. This will include the costs of breaking in, replacement locks, transport, storage, specialised advertising, auctioneers fees and any claims resulting from forcible entry.

 

Please complete and return the attached response slip within fourteen days, or as agreed with the bailiff.

 

If the completed slip is not received by the court within fourteen days, the warrant will be filed away, execution abandoned and no further action will be taken.

 

The 'indemnity costs' that the court require the creditor to pay is £400.

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