I won my court case but I now need HELP! Please.

[daisykinn1]

So basically my old landlords had promised to meet me at my old address at the end of January to give me my full deposit back, they didn't. I ended up making a court claim and I won through default, they didn't respond at all!

 

Now the baliffs are 'having trouble' getting the money back. Can I send them to the address I lived at that they owned. All the belongings in the main living room belong to the landlords...It's incredibly frustrating as I've done everything correctly.

[MrShed]

Dont get baliffs get an attachment of earnings...

[blacksheep1979]

You can point them at your old address but if they can't gain entry there isn't much they can do. If only bailiffs were allowed to forcably enter a property....

[daisykinn1]

Dont get baliffs get an attachment of earnings...

 

My ex landlord runs his own building business, and they can't apply that on the self employed.

 

I complained the the court manager via fax last night, and I got a call first thing this morning, making my case a priority so hopefully this saga won't drag on much long.

 

I still have house keys and room keys...

[daisykinn1]

You can point them at your old address but if they can't gain entry there isn't much they can do. If only bailiffs were allowed to forcably enter a property....

 

 

I still have keys, maybe they could use those?

[MrShed]

NOOOOO.....a baliff must be granted access. You have four options:

 

- Warrant of Execution(baliff)

- Attachment of Earnings(apparently you cant)

- Garnishee Order(direct deduction from his bank account)

- Charging Order(placed on the property)

 

Your best option may be the garnishee order.

[Joa]

If only bailiffs were allowed to forcably enter a property....

blacksheep, you monkey, spit it out!

[daisykinn1]

haha I guess the keys is a no no then...

 

How do I organise this? I went through MCOL.

 

Thank you for the help by the way.

[basil010]

So basically my old landlords had promised to meet me at my old address at the end of January to give me my full deposit back, they didn't. I ended up making a court claim and I won through default, they didn't respond at all!

 

Now the bailiffs are 'having trouble' getting the money back. Can I send them to the address I lived at that they owned. All the belongings in the main living room belong to the landlords...It's incredibly frustrating as I've done everything correctly.

 

How much has the Court awarded you? it makes a difference.

Court Bailiffs are not normally very effective. There are far better ways of getting your money, you just need to know how and what to do.

If you get stuck drop me an email and I will try and help.

Basil010

[basil010]

How much has the Court awarded you? it makes a difference.

Court Bailiffs are not normally very effective. There are far better ways of getting your money, you just need to know how and what to do.

If you get stuck drop me an email and I will try and help.

Basil010

[Janet-M]

GENERAL WARNING

 

Please be wary of acting on advice given by PM or email as if anyone makes a mistake no one can see it to correct them .If it is on open forum it can soon be corrected

[daisykinn1]

OK thank you.

 

They now owe me 425. That includes original 50pounds court fees then the further 55pounds to apply for warrant of execution.

 

The baliff rang yesterday & said the house they went to was empty..and she was writing the warrant off. I checked that was the landlords address on the electoral roll. I tried to do everything correctly and fairly but I feel high & dry. As a matter of principle I want this money back, the bonus will be paying off my barclaycard and showing the landlords they cannot get away with it.

[basil010]

If you have a final return from the County Court Bailiff don't be too disheartened it doesn't neccessarily mean that they aren't there, more likely that the Bailiff just hasn't been able to contact them.

Do a Land Registry Search for the house and if it is owned by them file an Application for a Charging Order at the Court (cost £55.00) once it has been filed with the Court you will receive An Interim Charging Order which you can file with the Land Registry against the property. You will then be given a Hearing for the Charging Order to be made Final and once this is granted you can have on the property. If the Property is solely owned by the debtor you can havr a full Charge registered, but if it is jointly owned and the Judgment is not in both names you will be given a Restriction.

This will not neccessarily get you payment but will stop them getting any loans or being able to sell the house. In the meantime issue further Enforcement Proceedings like a 3 rd Party Debt Order against the Bank. This will in effect freeze the bank account except for any monies over and above what is owed to you. The problem is that if the account is in joint names then you will not be able to use this unless the Judgment is also in joint names, also if there is insufficent money to cover your debt it won't work. You can also put a trace on them to confirm their location and once you have found them place the debtor on an "Order to Attend for Questioning". This is a nice little tool, as once they have been served with the documents, if they fail to attend they can be sent to prison for contempt of court, (certainly wakes people up) cost £45.00. All these Enforcement Costs will be added to the Judgment debt by the Court

[daisykinn1]

I think I'm going to go for 3rd Party Debt first, the landlords told me when I first moved in that this was a joint account in both of their names purely for rent and house bills so that should be ok, right? I just hope they have the money in there, I want to scream into a pillow at the moment!!

[basil010]

Great, you can download the form from the Court Services website. Just remember that the Judgment needs to be in both names for it to work on a joint account. Also if you believe that they have other banmk accounts then I would suggest going for the Order to Attend as well.

[daisykinn1]

I'm really scared of just ploughing more and more money into this and it to go to waste but I'll give it a go. I'd feel awful about it, like they had the last laugh.

 

With the Order to Attend it's difficult, I know they're frequently at the property I used to live in but I can't guarantee they'll be there.

[basil010]

If you issued the claim in your own name the Court should try to serve them but they are not very efficient, especially as they knock off at 4.00 p.m. If they fail to serve them ask for the papers yourself and then wait at the address in the evening. Once you have given the papers to them file an EX550 Affidavit which the Court will supply to you to say that you have served them. if they don't turn up the Judge will issue an N39 which you will need to serve again and this time they will have a Warrant issued for their arrest of they fail to obey. It certainly frightens them when tis happens, but the 3rd Party Debt Order is a good one to start with.

Fingers crossed

[daisykinn1]

Yes thank you for all your help.

 

They've never been threatening but I'm not confident about fancy two grown men alone so if I do that I will take some muscle with me!

 

Thanks again!

[basil010]

Take a friend with you and when they open the door just hand the papers to them and walk away.

[daisykinn1]

fancy

[daisykinn1]

sorry my dyselxia is MANIC tonight.

[meagain]

I think I'm going to go for 3rd Party Debt first, the landlords told me when I first moved in that this was a joint account in both of their names purely for rent and house bills so that should be ok, right?

 

If and only if the judgment is made in both names on the account.

[daisykinn1]

If and only if the judgment is made in both names on the account.

 

Yes, it's in both their names so fingers crossed.

 

Thank you for all your help! I will update when I have some news...good I hope. Good should trumiph over evil!

[meagain]

Good luck - it sounds as though you'll need it!

[basil010]

Just a thought, if you let me know your postcode and area, I will forward the details of a Process Server that will do the job for you, shouldn't cost more than £45.00