Increased debt after successfull CCJ

[dontgetshafted]

Background:-

  Tenant in arrears for two months with no sign of future payments. 

Notice served and a CCJ awarded.(£1750)  

Still no payment received so a Attachment of earnings served.

 

Court advised this will be sorted this week after no response from defendant.

In the meantime, the debt has increased to (£3300) whilst I am going through the possession order / warrant and the  bailiff process.

 

Can anyone advise on how to obtain the rest of the debt which by the time he leaves in January will escalate to nearly £4000?

is it a case of serving notice and going for another CCJ & AoE?

 

any help is appreciated.

 

 

 

 

[AndyOrch]

Let the Attachment of Earnings proceed...the court will issue an Order for them to attend court for none response to the N56...the notice informs them that they may face prosecution.

 

Failing that you could consider a third Party Debt Order and freeze their bank account.

 

 

Andy

[dontgetshafted]

Thanks for  the reply,

I was told he hadn't replied and that the bailiffs for the N56 have been requested.

in the mean time, the court said they will proceed and I will find out the amount to be paid this week.

 

he has advised he is happy to wait for the eviction bailiffs which have said will be early January before it gets around to that postcode so by then the debt will be increased.

 

he obviously wont give me a forward address so I will have no where to send any documents so I may have to apply for the third party debt order.

 

am I correct that this must be served in person by me to him?

[AndyOrch]

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

 

https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order

[dontgetshafted]

thank you

[dontgetshafted]

Update ...

Today I have received a Suspended Attachment of Earnings order against my tenant.

The claim amount is £1800 and I have been awarded £40 per month.

 

I am wondering if anyone has a letter template to object to the amount and also it being a suspended order.

 

I have been told by the Bailiffs that the warrant will be executed in early January.

By this time, the debt will be £3800 so knowing the AoE is £40, I shall have to look towards a 3rd party order.

[AndyOrch]

Think you need to clarify...if its suspended...you wont be getting any payment by AOS...so what the warrant for ?  

 

Please scan redact and upload the court documents.

 

Andy

[dontgetshafted]

I have uploaded the document.

any comments would be appreciated.

aoe.pdf

[AndyOrch]

So he has requested direct payment to you and the court has allowed it.......if he defaults the AOS will kick in.

[dontgetshafted]

Not quite correct.

 

He failed to respond and the court said yesterday that they have not had any reply from him and it was the judge that decided to suspend it. His employer replied with his salary information which is shown as £1250 net per month.

 

The warrant of possession will be served by the court bailiff in early January by which time the full debt will be around £4000. 

 

I only did the original money claim online for £1750 as I knew I would not be able to find him once he has left.

But I think £40 per month is way too low so would it be worth while writing an objection to the court?

 

He failed to appear for two possession hearings and has not sent the AOE paperwork so I doubt he would turn up for the objection hearing.

 

I do have an email from him saying he will pay £300 per month once he has left ....

[AndyOrch]

Right I wasn't aware of the finer details...just going off the court order you uploaded.

 

Attachment of Earnings has a protective level of income ..IE he cant drop below £1100.00 pm...that leaves £150 expendable.The Order invites you to write with your reasons of objection you have 16 days.

[dontgetshafted]

Ok thanks. do you have any templates for the letter. I can add my own reasons on top of it?

[dontgetshafted]

Going forward in relation to the increased debt:

 

The total debt owed is £3300 and this includes the AOE which is £1880. Can anyone help on the best way to try and get the rest of the debt? The possession hearing awarded the total debt and court fees so do I  have to go the put another money claim on-line for the difference?

 

 

[AndyOrch]

No you add it to the existing AOS or Warrant

[dontgetshafted]

ok, can you help me in how to do that? which forms etc?

[AndyOrch]

Quote

The warrant of possession will be served by the court bailiff in early January by which time the full debt will be around £4000. 

 

 

Update the Warrant

[dontgetshafted]

Sorry, but I don't quite understand what you mean or if I made myself clear.

The CCJ  was awarded back in August and no payments were made so I applied for the AOE which was completed although suspended this week. The possession hearing was done in October by which time the rent arrears had increased and therefore the judge awarded the full rent arrears and court fees on the warrant even though half of it was already under the CCJ at the time.

So as it stands, I want to either add the remaining or full amount to the AOE or go for another CCJ or 3rd party order. if I can indeed add it to the existing AOE then fine but how do I go about it with regards to forms etc.

sorry if I sound confusing

[dontgetshafted]

just to add to the above. I have just logged in to PCOL and the eviction  warrant will be served on the 14th January 2020,

[AndyOrch]

So you either submit a another N56 AOE for the difference or the Warrant that you refer to above can be updated.

[dontgetshafted]

Ok but am I correct in thinking that  the eviction warrant would not be enforceable for the debt? ie he will be evicted but they have no power to collect  the debt? he has no possessions of value so it will to be another AOE but wont this require a CCJ first?

 

[AndyOrch]

Well all through this thread you have not really explained what type of warrant you keep referring to...If its just a Warrant to Evict and not for monies or arrears then no you cant add to it...but you stated above...

 

Quote

the judge awarded the full rent arrears and court fees on the warrant

 

So if you cant add it to the warrant as monies you will have to submit a further AOE (pointless as you have just had one suspended) or a Warrant of Control.

 

 

https://www.gov.uk/government/publications/form-n323-request-for-warrant-of-control

[dontgetshafted]

Sorry , my mistake in the language / terminology.

The possession order attached shows the money amount. so its how I go about getting this from him ( £1800 of it is already included in the CCJ which led to the  AOE)

 

much appreciate the time

 

[AndyOrch]

Which has since been suspended...so do a Warrant of Control for the full amount (CCJ  + ) = £3300.00.The court Bailiffs will try to collect the full amount or agree a payment plan with him.

[AndyOrch]

Upload removed as you can still see the names....not redacted properly.

[dontgetshafted]

Ok thanks.

Not sure if that would be any more beneficial as he literally has no possession of value so if he defaults on any plan, I would be in the same boat...

I do know he has avoided paying rent on purpose to save for another place to live so maybe a Third party debt order before he goes may help get something back as well as the AOE.