Taking a student to court.

[Dotty50]

A student share with a 12 month joint and several AST all students in the house have parental guarantees.

 

One student moved out mid term, landlord has secured a CCJ on the parent of this student. (according to the LL) and is now saying that as it has not been paid, action will be taken against the remaining tenants.

 

Questions are: -

 

Should the LL still approach remaining tenants for the outstanding rent? If a ccj has been secured, then shouldn't the LL pursue for payment via the court?

 

If the remaining tenants cover the shortfall and the ccj is also pursued, then the LL could effectively be getting it paid twice, can we get any details from court?

 

Is it possible to find out if a ccj has been secured through the court?

[raydetinu]

Correct he cant get paid twice for the same debt.

If he takes you to court that would have to be declared.

[Surfer01]

A CCJ is on public record but I am not sure where you can access thsi information. I think the LL is bluffing in order to get the money from the other tenants.

[Dotty50]

Thanks for responses.

 

I have just been having a scour of landlords forums and it seems that the guarantees should be witnessed by the landlord too. Ours were done by post so not witnessed so they may not be enforceable.

 

I think I will contact the court and ask if it is possible to find out if it is possible to obtain the information about the ccj, I too feel that the LL is bluffing!

 

I am also going to ask the landlord for proof from the court.

 

Can anyone tell me what is actually issued as far as paperwork is concerned when a ccj is obtained?

[Dotty50]

I have spoken to the court and it seems that there is a website called Trust online. You can pay a fee and get information on ccj's that have been issued against people.

 

So I have asked the landlord for confirmation when it was granted, name and address of who it was issued to.

[GamekeeperToPoacher]

http://www.trustonline.org.uk/

[Dotty50]

Thank you GametoPoacher for that link.

 

I will post any developments, I need to ensure that the details I input are correct otherwise the search will not prove fruitful, but I have doubts that it would anyway.

 

Call me an old cynic!

[Dotty50]

I have now got a copy of the N1 claim form and confirmed with Northampton that it is a valid claim reference and was issued at the beginning of March.

 

LL has advised that bailiffs already called but were unsuccessful. Isn't it a little early for Bailiffs? Don't you get a month to pay the ccj before it is registered?

 

However I have asked the LL if an AOE order can be requested.

 

However still no sight of confirmed ccj, can anyone advise what is actually issued after a ccj is obtained?

Edited April 7, 2011 by Dotty50

[cerberusalert]

Moved to the legal Forum.

[Dotty50]

Thank you!

[Ganymede]

I have now got a copy of the N1 claim form and confirmed with Northampton that it is a valid claim reference and was issued at the beginning of March.

 

LL has advised that bailiffs already called but were unsuccessful. Isn't it a little early for Bailiffs? Don't you get a month to pay the ccj before it is registered?

 

However I have asked the LL if an AOE order can be requested.

 

However still no sight of confirmed ccj, can anyone advise what is actually issued after a ccj is obtained?

 

 

 

Once the CCJ is granted then the Court will post a copy of the Order to all parties and that is all you will get post judgment.

 

If the CCJ was granted "forthwith" i.e. immediately, then the baliffs can be instructed as soon as the Claimant likes.

[Dotty50]

Thanks Ganymede, I will pursue the LL for a copy of the order

[Dotty50]

I have got a copy of the Notice of Judgment Entered and it states 'In accordance with your request, judgment was entered against the Defendant on xxxx March 2011.

 

Nothing else, no mention of forthwith or even the amount.

 

Would the Defendant get exactly the same?

[Ganymede]

I have got a copy of the Notice of Judgment Entered and it states 'In accordance with your request, judgment was entered against the Defendant on xxxx March 2011.

 

Nothing else, no mention of forthwith or even the amount.

 

Would the Defendant get exactly the same?

 

 

Are you able to scan it and post a copy in this thread?

 

If instalments aren't mentioned it will be forthwith by default.

[Dotty50]

Judgment.pdf Here it is Ganymede, thanks once again for your help.

 

LL doesn't know if it is a forthwith order!

Edited April 7, 2011 by Dotty50

[Ganymede]

Thanks.

 

That is a strange looking Order - there is no amount, no indication of the type of judgment.

[Dotty50]

I thought that too, could it be because it was Northampton Bulk Centre?

[cerberusalert]

it looks to me as if it's just the notification to the plaintiff that they've won by default. I doubt if they'll list the full claim as the plaintiff will already know it.

[Dotty50]

Thanks for looking in Cerberusalert, it's difficult to know how it should look, being lucky enough never having had one myself.

 

LL has now backed off due to the other parents reluctantly making acceptable offers to pay the arrears.

 

We now have to decide how to proceed to get the money ourselves.

 

My thoughts are to issue a claim in joint names to the student and guarantor, the student is working and I think they need to realise that they cannot just walk away and leave this debt for others to pay.

 

The amount due by the end of the tenancy will be in excess of £3000.

 

Any thoughts/opinions/advice greatly appreciated

[caro]

You've lost me on this one Littledotty. Who was the defendant?

 

Did each of the students have a separate lease?

 

Did the lease mention covering other tenants rent if they defaulted?

 

Unless the judgement is against the other tenants I can't see how he can claim.

 

My son lived in a student house with 7 others. If they'd all done a runner we wouldn't have been paying their rent. This guy is trying to pull a fast one from what I can see here.

Edited April 8, 2011 by caro

[caro]

A couple of other thoughts - student accommodation usually has to be approved by the uni so might be worth asking their advice.

 

Their is also advice for students (might be via student union?) so they may also be able to help.

[Dotty50]

Hi Caro,

 

Sorry for the confusion.

 

The tenancy is joint and several so if someone leaves and doesn't pay then the rest have to foot the bill, unless we can get someone to take over, which we have not been able to do so far and is unlikely now this far into the term.

 

The LL has already got a ccj against the guarantor but they still won't pay and bailiffs have been instructed but we are now threatened with the same unless we pay what's outstanding to date!

 

I wouldn't be surprised if your son's tenancy was the same but the problem only arises if someone defaults.

 

None of us are happy about paying it but none of us want a ccj, I thought about letting the LL take action and defending it but we guaranteed the rent so there is no defence. The guarantee is for the tenant and the 'tenant' is the whole group.

 

We have only come across a few, where the tenancy is for each individual but will not be signing up to another without putting a limit on the guarantee we sign!

[caro]

I thought you meant that each parent was guarantor for their own child, but I guess if you're jointly and severally liable you don't have much choice. The only thing is if the defaulting tenant does pay (which seems unlikely) the LL shouldn't get the money twice. How you'd find out though I really don't know.

 

Sorry I can't help.

[Dotty50]

Is there any reason why the remaining students can't issue a claim against the one that moved out?

 

Would they have to pay a fee to the court as none of them are earning?

[caro]

Is there any reason why the remaining students can't issue a claim against the one that moved out?

 

Would they have to pay a fee to the court as none of them are earning?

 

It's certainly a thought, but as the LL already has a CCJ which hasn't led to payment I don't know how effective this would be. Nothing to lose I guess.