Small claims action against letting agency

[TTreasure]

I have taken a lettings agency that let my property to the small claims court and have received a judgement as they defaulted and did not reply to the summons.

 

The judgement was mailed to them on August 3, so they have received it by now. I have sent a polite but firm email requesting payment in full within the next 7 days, but I'm anticipating that they will ignore this.

 

The next potential step is enforcement via a third party debt order, but it states in the instructions that I must appear in person at the court when this goes to the judge. I'm resident in the USA, so this isn't practical. Does anyone know whether this can be done by Skype?? If it can't then what type of enforcement would be best?

Would appreciate any help and advice - thanks in advance!

[ericsbrother]

If you made the claim using the online claims form there is a step that allows you to use the court bailiff for recovery. If used to cost £75 but this should be added to the monies recovered if you fill out that box. Recovery from a business is easier than from an individual as the court bailiff cannot be refused entry to a commercial premises.

[citizenB]

What is the value of the Judgment order ? If over £600.00 then you can instruct an HCEO.

[ploddertom]

Recovery from a business is easier than from an individual as the court bailiff cannot be refused entry to a commercial premises.

 

Yes he can he has no automatic right of entry, it must be by peaceful means. On the other hand a HCEO has the right to force entry to commercial premises.

[TTreasure]

What is the value of the Judgment order ? If over £600.00 then you can instruct an HCEO.

 

 

Thank you for responding. The value is 3095.00 GBP. Can you tell me what a HCEO is?

[TTreasure]

Yes he can he has no automatic right of entry, it must be by peaceful means. On the other hand a HCEO has the right to force entry to commercial premises.

 

I've looked at all of the options for enforcement of the judgement and a bailiff I belive can take goods, but not goods that pertain to that person or business's work. The letting agents have an office, but it's filled with computers, desks and office equipment, so that route didn't look that good to me as I can't imagine there would be enough qualifying goods to the value of my claim. Whereas if they had their bank account frozen and the judge made the order to deduct what I'm owed from there, that seemed to me to be the more productive path.

 

Would welcome your opinion guys, and thanks!

[raydetinu]

HCEO = High Court Enforcement Officer.

I believe a HCEO can indeed claim any goods on the premises for the recovery of the debt. and they can force an entry.

[TTreasure]

Just had an email from them saying they are still fighting the judgement (claiming their paperwork not received by the court). So, looks like I won't be at the enforcement stage yet. After this experience I will never let my house out again

[raydetinu]

Check with the court, have they filed to set the judgement aside and on what grounds?

The fact they have said they have not received the judgement order is irrelevant, but they can apply for it to be set aside if they have a valid reason ( just saying you did not get it is not enough ), up to judge ( he may throw it out ).

May take a bit longer then!

[TTreasure]

I think what they are saying is that the court did not receive their original defence within the time limit allowed , and therefore the court awarded judgement to me by default.

I think they are planning to resubmit their paperwork so we'll see what the judge says about that. Either way, I'm not prepared to drop this issue. They were a bleeping nightmare to deal with the whole time they had my property to let and even if I just cause them a headache, it's working for me!

 

Thanks for taking the time to reply, it's much appreciated. I'll let you know how it goes.

[ericsbrother]

If they do apply you can resist the application but if it was a small claims matter the judge will often allow a new hearing and award you costs to be paid before a new date is set. If the company has previous form for this then the judge probably wont allow them to have their day.

[AndyOrch]

Here is a link to the CPR which covers Third Party Debt Orders :-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72

 

Regards

 

Andy

[TTreasure]

Hi,

Still nothing received by the courts from the defendant, so I'm guessing they are using delaying tactics. Does anyone have any idea how I find out what their bank details are?

[TTreasure]

Hi everyone,

Well, the judge set aside this judgement in early October on the basis that I wasn't present. This was in spite of the fact that they knew I lived in the USA and had written to them to ask whether I can join proceedings by skype of conference call. No response received to my letter.

 

Do I have any further choices, or is this it?

 

Thanks for any advice.

[ericsbrother]

you can ask for a paper hearing

[raydetinu]

other than re-filing and starting again, that's it.

but you must be prepared to attend or get somebody to represent you (maybe ?). up to judge!