Enforcing a CCJ against my landlord

[Ganymede]

I agree with Phaitun. You won your case against your landlord so I think you would be better off putting this behind you and moving on with your life.

[id330uk]

This police officer came to my home accompanied with another police officer and told also to me that I wasted police time and threatened me with arrest.

 

As I said previously the neighbours and my landlord sent witness statements to the court where they confirmed that they were told by this police officer that I was wasting time police. I think that the IPCC used these witness statements as evidence and maybe also the testimony of the other police officer to upheld my complaint. Hence if I issued a claim against this police officer I will be able me too to use these witness statement as evidence and also the report from the IPCC upholding my complaint.

 

The Police Officer is in extended leave since I made a complaint against him i.e. more than one year ago and the IPCC told me that they were not able to talk with him and that they are waiting he comes back from his extended leave to talk with him

 

The IPCC upheld also my complaint against this police officer because he did not report my complaint for harassment. The IPCC told me that he should have reported my complaint for harassment against these neighbours and against my landlord for future referencing even if he considered it as civil.

 

No one has yet replied to my very important question about costs i.e. if for cases against the police also in case we do not claim for more than £5000 the case goes to the small track and we do not have to pay the cost of the other party if we lose. I will make a claim against the police only if I will not have to pay the costs of the others party if I lose. Moreover I think that my claim is not worth more than £5000.

 

 

[Ganymede]

The IPCC upheld also my complaint against this police officer because he did not report my complaint for harassment. The IPCC told me that he should have reported my complaint for harassment against these neighbours and against my landlord for future referencing even if he considered it as civil.

 

There is a big difference between being negligent and not reporting your complaint. Based on the very limited information you have given I would not be confident of success.

 

Also, what injuries did you sustain? Is your "emotional distress" medically verified?

 

 

 

No one has yet replied to my very important question about costs i.e. if for cases against the police also in case we do not claim for more than £5000 the case goes to the small track and we do not have to pay the cost of the other party if we lose. I will make a claim against the police only if I will not have to pay the costs of the others party if I lose. Moreover I think that my claim is not worth more than £5000.

 

The usual position in the small claims track is that there are no costs risks. However, a Judge can Order costs in certain circumstances.

[andydd]

Can you tell us the amount you got re: harrasment by neighbour and landlord ?. As you prob. know, damages are meant to restore you to the position you were in before the wrong doing, if it was 10 years of harrasment from a neighbour it could for example add up, but it would appear it was related to a single incident by the Police Officer so Im not sure it would add upto much or even if it would qualify as harrassment, clearly some element of wrong doing by the officer has been identified but not neccassarily harrasment.

 

Also as mentioned bear in mind that the officer/force may have access to almost unlimited police funds/representation.

 

Andy

[reallymadwoman]

Also, no one can guarantee that a claim will be allocated to a specific track. A claim under £5000 would usually be allocated to small claims, but it could also be allocated to a different track if the judge thinks it appropriate, and I think this case could be deemed to be too complicated for small claims.

 

In my opinion this is basically a claim for personal injury and the law surrounding claims for distress in particular is very complicated. Since you would certainly be up against a very experienced legal team I think your chances of succeeding as a litigant in person are non-existent. You need proper legal representation to even consider a claim like this and if you can't find someone who will take the case on a 'no win no fee' basis then that might give you a hint as to the wisdom of bringing the claim.

 

I'm sorry if this isn't what you want to hear, and you are of course free to take whatever action you choose, but in my opinion you're not only leaving yourself open to a huge costs bill you're also just prolonging the distress that you have obviously suffered from the actions of your neighbours and landlord, compounded by the police officer.

[unclebulgaria67]

Before you could issue the claim, I believe you would have to enter into correspondence with the Police Force concerned.

 

Have you written to the Chief Constable of the Police Force concerned, asking for relevant compensation. You never know, if you don't ask for too much, they may just pay you and therefore any court claim would be unnecessary.

[Ganymede]

Before you could issue the claim, I believe you would have to enter into correspondence with the Police Force concerned.

 

Have you written to the Chief Constable of the Police Force concerned, asking for relevant compensation. You never know, if you don't ask for too much, they may just pay you and therefore any court claim would be unnecessary.

 

 

Yeah the OP would need to draft a full letter of claim fully particularised with the allegation's of negligence.

 

The OP would have to follow the pre action protocol for personal injury meaning giving 21 days to acknowledge the Letter of Claim and then 3 months after that for the Defendant to investigate the circumstances.

[id330uk]

My debtors sub-let their home. Hence they have rental income what is their main income.

 

However I do not know how to do to force them through the Court to give me part of their rental income to pay me the money that they owe me because they receive their rental income in cash.

 

If I make them bankrupt in theory they will have to give all their cash to the receiver but this will cost me a lot of money and they may not say the entire truth to the receiver.

 

Moreover they will be discharged after only one year and in one year I may not have enough time to be paid all the money they owe me.

 

They owe me only several thousand pounds and I do not know what kind of proceeding I can issue to get hand of their cash that they obtain through their rental income.

 

I think that they are also in receipt of housing benefit and I do not know if I can ask a contribution from their housing benefit or to ask for an order from the court to force then to give me part of their rental income but the problem will be to prove that they receive this rental income.

 

I have proof that they sub-let part of their house because I find their advertisements in the Internet.

[ploddertom]

Have you taken any action against them?

[42man]

Why don't you write them a letter before action ? If they fail to either pay or agree to a repayment plan that you are happy with, then issue a county court claim.

[id330uk]

I already have a County Court Judgement against them

[42man]

OK so you should follow it through and send in bailiffs to enforce the judgment...

[id330uk]

The bailiff will be looking for goods more than for cash and these creditors should not have many saleable goods in their house and if they have some they can simply hidden them for example in house of friends.

 

The bailiff will not search physically these creditors for the cash from their rental income that they can have on themselves.

 

Furthermore the bailiff will come only once and these creditors receive cash from their lodgers every week or every month.

 

Moreover these creditors can simply not open their door to the Bailiff.

 

What I need is a kind of court order or something else to force these creditors to give me their cash from their rental income but I do not know which.

[ploddertom]

Have a read of the following which gives you some options but please remember that just because you have a Judgment does not necessarily mean you will obtain payment.

Bailiffs (Warrant of Execution or High Court Writ of Fiera Facias (“Fi Fa”)

For judgment debts under £600.00 the only option for bailiff enforcement is to request a warrant of execution in the County Court. That is a relatively simple process, which we can deal with on your behalf. The court fee and solicitors’ allowable fixed costs are added to the judgment debt and the bailiff is instructed to visit the debtor to attempt to recover the debt.

For debts over £600.00 we would always advise that the case be transferred to the High Court, where a High Court writ of fi fa is obtained. That allows us to instruct High Court Enforcement officers (HCEO) and we have a successful relationship with a firm of HCEOs who will pursue the debtor on your behalf. If the HCEOs are successful in recovering the debt, they also recover their fees, interest, allowable fixed and the court fee paid on the transfer from the County Court to High Court. If the HCEOs are unable to recover their fees, they charge you a modest abortive fee, which, in most cases, is £60.00 + VAT.

Charging Orders

 

If you know that the debtor owns a property and it that has been confirmed by the Land Registry, then an application can be made for a charging order. Once that has been obtained, it is possible to apply for an order for sale. The court has discretion whether to make an order for sale and it may be reluctant to do so, if the debtor is residing at the property, particularly if he/she is also offering to pay by instalments.

However, provided there is sufficient equity in the property, a charging order will – much like a mortgage – secure the Judgment debt, interest on a debt in excess of £5,000.00, the court and Land Registry fees paid and fixed costs. In the event of a disposal of the property, the charging order should have to be discharged in full, before the transaction can be completed. Therefore, while a charging order may not result in the immediate payment of the debt, in many cases it will ensure payment of the debt at a future date.

At Burnetts we will apply for a charging order (if no court appearance is necessary, which generally is the case) for the fixed costs figure allowed by the court of £110.00. Therefore, if you are later successful in recovering the monies owed to you, the sum recovered should include everything but the VAT on the £110.00. Judicial studies revealed that there were 165,000 Charging Order applications made throughout England and Wales in 2008, of which 135,702 resulted in orders being made.

Attachment of Earnings

 

Attachment is an option, if the debtor is in employment and is paying tax under the PAYE system. We simply make an application to the County Court for an attachment of

earnings order, which compels the debtor’s employer to make deductions from the debtor’s earnings at source.

Attachment of earnings orders are still among the most popular methods of court-based enforcement. In fact, judicial statistics for the year ending 2008 confirmed that there were 74,000 applications made during 2008 throughout England and Wales, of which 60,588 resulted in orders being made.

If the debtor’s employment status is unknown, we are able through our tracing agents to offer a status search on the debtor.

Third Party Debt Order

 

A third party debt order is a means of obtaining payment of your debt by getting someone else who owes money to the debtor to pay to you direct. It will appropriate only in a small number of cases. For an order to be successful, detailed knowledge of the debtor’s financial circumstances or business transactions will be required, as an order will be effective, only if it can be shown that money is due and owing immediately by the third party to the debtor.

Order to Attend for Questioning

 

This procedure was formerly known as Oral Examination. The debtor is ordered to attend court to answer questions on oath about his/her financial circumstances and to produce relevant financial records.

An application for such an order can be made against an individual debtor, a partner in a firm, or a director or the secretary of a limited company.

Occasionally this can be a useful weapon in the creditor’s armoury, but it is far preferable to obtain at the outset of the business relationship as much information as possible about the debtor.

Insolvency Procedures

 

To make an individual bankrupt or to wind up a company can be expensive. If the debtor – an individual or a company – has no assets, insolvency proceedings can be a fruitless exercise. However, the threat of winding up proceedings in itself can be an effective way of procuring payment from a debtor company, and the same applies to the threat of bankruptcy against an individual debtor.

[id330uk]

I have already applied all these options myself except the insolvency procedures. I am aware that even with a County Court Judgement at their favour debtors are not always paid but this usually happened when the creditors do not have money but my creditors received a lot of money from their lodgers.

 

Concerning the warrant of execution the Bailiff sent me a letter where he says that he cannot execute the warrant because the creditors have issued an appeal to the High court even though the High court has not granted any stay of execution of the County Court Judgment. I have written a letter to the Court to complain about this because in the meantime the creditors can put their saleable goods out of reach.

 

I have issued the warrant execution to the County court and I would like to know if the High court Enforcement officers have more powers to execute the warrant than the County Court Bailiff and if it is not too late to transfer the warrant to the High Court

 

Concerning the charging order one of the creditors owns a house but his wife owns the other half of the House. In this case we can put only a restriction on the house and not a notice which I think offer a lot less of protection than a notice. I would like to know if I am right.

 

Concerning the attachment of earnings the creditors have not replied to it and the Bailiff refuses to serve the N61 order to produce a statement of means because also he says that there is an appeal to the High court even thought there is no stay of execution of the County Court Judgement. I have also sent a letter of complaint about this to the court.

 

I have instructed the Bailiff to serve also upon the creditors the order to attend the court for questioning but I am not sure that he has done so 14 days before this hearing where this application will be heard

 

Concerning one of the creditors the bailiff has sent me a letter where he says that he cannot execute the warrant and serve any documents on this creditor because the other creditor who lives in the same house as this creditor has told to the Bailiff that this creditor has left the house. I am very surprised that the bailiff has believed this and stopped the enforcement of the County Court Judgement without any hard evidence that this is true

 

Concerning the insolvency procedure I would like to know if I make the creditors bankrupt if the creditors will carry on being forced to give me their cash after one year i.e. after being discharged. I would like to know also if I can make an application to ask permission to the court to serve the statutory demand on the creditors during the hearing during which the financial questioning will take place to save the cost of a private process server because county court bailiffs do not serve statutory demands.

 

Some of these creditors use the money that they receive from their lodgers to pay their rent to their landlord. Hence maybe the solution will be to ask for an order to the court to force their landlord to give me part of the money that their tenants give him. This could be the only solution to be given the cash that they receive from sub-letting part of their house but I do not know how to issue such an application.

[id330uk]

The Baillif refuses to execute a warrant of execution and to serve documents on one creditor because he was told by the other creditor who lives in the same house that this creditor has move out.

 

However this is a trick because I know that this creditor still lives in his house.

 

I would like to know if the Baillif was right to stop enforcement without any hard evidence that this creditor has changed of address for example without checking that this creditor has changes his address in the DVLA.

 

I would like to know if it is up to me to prove that this creditor still lives in his house because if yes I would have to prove this every week because this creditor can move out at anytime

[unclebulgaria67]

How much is the debt for ?

[lookinforinfo]

Sorry, posted on wrong thread.

[id330uk]

How much is the debt for ?

 

Between £1000 and £4000

[unclebulgaria67]

Between £1000 and £4000

 

Why not employ an HCEO ? Phone one local to you to see if they are interested.

[id330uk]

The problem will be to know how long the transfer of the warrant of execution from the county court to the high court will take because in enforcement matter time is very important. I would like to know if my other application like this for an attachement to earning will be also transfered to the high court. I would like to know if there is a difference of power between a county court bailiff and the High court enforcment officer

[unclebulgaria67]

HCEO's charge ridiculously high fees, so they will try much harder to get hold of the debtor and to gain payment.

[daz3210]

HCEO's charge ridiculously high fees, so they will try much harder to get hold of the debtor and to gain payment.

 

No, more properly the comment should be, if they do not collect they do not get paid. County Court Bailiffs get paid a salary, HCEO's get paid by results.

[brassnecked]

No, more properly the comment should be, if they do not collect they do not get paid. County Court Bailiffs get paid a salary, HCEO's get paid by results.

And can rebound on the creditor for their fees

[wonkeydonkey]

The problem will be to know how long the transfer of the warrant of execution from the county court to the high court will take because in enforcement matter time is very important. I would like to know if my other application like this for an attachement to earning will be also transfered to the high court. I would like to know if there is a difference of power between a county court bailiff and the High court enforcment officer

 

HCEO do not give up easily and they have more rights in some aspects than a County Court bailiff, you should allow approx 4 weeks from the time you employ a HCE company until the debtor gets that first knock on the door...... most companies will attend to the transfer for you on receipt of the original ccj.

 

When employing HCE always remember biggest is not always best!!! Why not ring around and speak with a few before deciding, there are some out there who listen and advise as opposed to simply bragging about their 'results'

 

WD