Joint tenant left owing me money - how to chase?

[tenant-in-need]

I need to find my joint tenant that owes me money.

I need to know the best way to get this money assuming he does get a CCJ.

 

Background

 

I moved in with a "mate" on fixed term joint tenancy and we agreed on 50/50 split for rent & bills. My "mate" lost his job a couple months in so could not afford his share of the rent.

 

He said (I have email with this too) that he would pay me back once he got a new job. He borrowed some money from family and made some contribution but not the full rent. I had to make up the difference to LL. I had to borrow some money from my bank to cover this.

 

He got a new well paying job but then decided to "forget" his promises to repay his share of the rent. However, ongoing rent was paid 50/50, same too for bills (except the final ones).

 

We agreed to give notice to LL/LA that would leave end of fixed term. Two weeks before he moved out leaving keys. LL/LA did check out and there were valid deductions for professional cleaning and some small damage to curtain pull cord in his room (I didn't check before the inspection, he wasn't present.)

 

There are also outstanding amounts for the council tax and gas/electric/water bills.

 

Main issues

 

This "mate" has disappeared, unfriended on Facebook, not answering personal mobile, personal email, no forwarding address. This was about a month ago. I'm assumed he has found a new place to live "permanently".

 

I haven't yet got the final figure for the council tax, I've informed them I've moved out. Not sure how to get that finalised quickly.

 

I'm owed approx. £3500 and I believe his new job pays about £4000/month net. (I helped him review his application for his new job.)

 

I'd like to take him to small claims but not sure how to get his address to serve papers.

 

I have his bank account number and I have his business card with work address.

 

He is Italian from Milan. Although I'm sure he is still in the London area (I've seen his twitter feed) and working for this English registered company. I'm concerned if he does get a CCJ that he will skip back to Italy - then what?

 

Also not sure best chance to get money back, I don't think he has much of value and probably owes family for past rent too. I'm thinking attachment of earnings but also maybe bankruptcy, or even DCA?

[Steve__M]

I think you can serve at his last known address (the one you shared with him).

 

See 6.9(6)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.6

 

You can tweet or contact him at his place of work to let him know what you have done, I guess.

 

If you win an attachment to earnings might work, but as you say you could be throwing good money after bad. The cost for such a claim going to a hearing is several hundred pounds.

[tenant-in-need]

Thank you. I did consider using a people finder service. I have found one that might be able to find him for about £150. I guess I could add this to the claim too. Although if I could just use our last address then email him then this would save money. He was answering his private email day before we checked out. He has ignored emails after about final bills and deposit deductions. (I paid all the deposit myself by BTW).

 

However, if I can just use our last address then I'm guessing this would generate a default CCJ. Then its a question if I need to first pursue a N316 first?

 

The money claim online fee seems to be £185. Seems worth the gamble to generate the CCJ. He has a credit card so I'm guessing its important that he doesn't get bad credit.

 

He didn't pay last years council tax until the councils debt collector forced him to. I'm wondering if a HCEO armed with the CCJ would be best. They can set up repayment plans with him etc?

[Steve__M]

However, if I can just use our last address then I'm guessing this would generate a default CCJ.

 

I don't have experience of what happens if you obtain a default CCJ simply because you are serving documents to a place where they no longer live.

 

There is also the question of whether a CCJ at your old address has any effect on him. Did he ever transfer his credit cards to your shared address? If not then the address and the CCJ will not appear on his credit record.

 

If he finds out about your claim and defends it, you will need to add the hearing fee which looks to be £335 for a claim of over £3000.

[tenant-in-need]

He did have his bank statements delivered to our shared address (obviously I have a new one now). I don't know about credit card but I assume so. I assume this address has now been changed and he has a new one. Would the CCJ still show for his name on a previous address?

 

I'm guessing I need to use a people finder service then? Or can I send to his work address for his attention?

 

If he does try to defend then would just cause further costs to be awarded to himself. I think based on his wages an attachment of earnings order should give £850/month. So would mean having to wait for 5 months to get all the money back. But some is better than none. I'm hoping the Brexit discussions keep him in the UK to get permanent rights.

 

Don't know if the better strategy is to allow him to settle down thinking he has got away with it and to build up his cash then get the CCJ? It would be better if he is in a good position to get his own bank loan to pay me back. He should have at least 6 months service by now in a permanent job.

 

Obviously I'm still paying for my interest on my loan though. Can I get the 8% interest even though I take extra time to claim? I did ask several times by email for the money back with his reply that he wouldn't. (Earlier email correspondence did include him saying he would pay back.)

[king12345]

He won't go back to italy if he's earning £4k/ month, that's for sure.

Send him a letter at work marked private & confidential and let him know that if he doesn't contact you within 7 days you will use his work address to serve court papers.

You'll get a call immediately I bet

[Steve__M]

If his bank account was at your address and has moved to his new address then his credit reference file will list both addresses. So if the system works a CCJ at the old address should show up on any credit search relating to credit applications he makes at his new address.

 

Can I get the 8% interest even though I take extra time to claim?

 

Ask for 8% for the whole period.

 

However, my (one) experience which I understand is standard is that Judges don't like awarding 8% these days - a friend got 4% in a recent case. Perhaps if you provide evidence of the interest rate on your loan you might get more.

[tenant-in-need]

Thank you. I feel fairly confident to get a CCJ against him. We were joint tenants he couldn't meet his full share of rent and bills for a while, then when he went back to work he returned to paying 50/50. We didn't have a legal document regards this split but there are emails and WhatsApp messages plus the reality of payments by each party.

 

The real point is the best way to get the money back once I have this CCJ in my hands. I really want his bank to lend him the money and pay me a lump sum. I don't really want to wait months to get it back with risk of him skipping on again. Any tips to get close to this result would be appreciated.