Plz help, my letteing agent is not paying after ccj

[Ambuj Mehra]

Hi All

I have a ccj against my letting agent(Oxford letting and property management) first he did not deposit my advance in tendencie deposit scheme(Oct 2008) and then end of my contract he did not pay my money back(april 2009) . So i contact CAB and took him and landlord to the court.
court find letting agent gulty and asked him to pay me £6200 + expence + Interst every month (october 2010).
Again he did not do pay me any thing till dec 2010 £100, and he promised me he will pay me every month £400 till march then he will pay me the whole amount in end of april 2011. I belived him but he never send me money on time and i have to call him like 10 times after 15th. Last month he did not pay me till 25th and this month again he did not pay me anything. Is he buying time to shut down his business??

I DONT KNOW WHAT TO DO. AS I LOST SO MUCH OF MONEY IN THIS CASE AND ITS NOT COMING BACK. NOT EVEN MY ADVANCE WHICH I GAVE HIM IN 2008.
PLZ PLZ PLZ GUYS HELP ME AND ADVISE ME WHAT SHOULD I DO.

Thanks in advance.

 

[serasan]

I am sorry to hear your story, I had the same happen to me some time ago.

If someone does not have any money, it is impossible to get any from them.

In my case I lost the deposit, even after my then wife painted the whole house and we left it in a perfect state. We heard that the agent had been beaten up for his actions against other people though.

There is an old saying that maybe you will have to put it down to experience and move on.

Good luck.

 

[allington-marketing]

I'm not sure if it's still the case now, but a number of years ago, I took an ex boyfriend to court. I sent bailffs to his house (around £30 a time, but this was about six years ago). I didn't think I'd ever see the money, but I had visions of him being woken at 6am in full view of his neighbours. I ended up getting the money - and the cost of the baliffs got added to the amount he owed....Not sure if that helps in your case; I'd hate to see you lose more money, but it may scare him?
Terri

 

[daniel.benson]

The cost to send the County Court Bailiffs in are £100.00 and if you do a quick search on the internet about the success of the Court Bailiffs you will see they are terrible.

I always recommend using the High Court Enforcement Route to collect judgements over £600, They are very effective and have a wide range of powers which the County Court Bailiffs don't have, not to mention it only cost £50.00 to transfer your case up to the High Court.

 

[allington-marketing]

The cost to send the County Court Bailiffs in are £100.00 and if you do a quick search on the internet about the success of the Court Bailiffs you will see they are terrible.

I always recommend using the High Court Enforcement Route to collect judgements over £600, They are very effective and have a wide range of powers which the County Court Bailiffs don't have, not to mention it only cost £50.00 to transfer your case up to the High Court.

You clearly know more than me! Thanks for clarifying that one!

 

[daniel.benson]

You clearly know more than me! Thanks for clarifying that one!

I just get a lot of clients telling me they tried this and got nothing in return leaving the further £100 out of pocket.

I think its because they have so much work to do not just collect CCJ's but carry out evictions, collect outstanding fines, people wanted on warrant etc.

 

[allington-marketing]

I just get a lot of clients telling me they tried this and got nothing in return leaving the further £100 out of pocket.

I think its because they have so much work to do not just collect CCJ's but carry out evictions, collect outstanding fines, people wanted on warrant etc.

My ex was a wuss, so I knew he'd panic when they turned up. I just wanted him to panic / be embarrassed more than anything. Luckily, he paid the outstanding £2k two days before I went on holiday! Handy!

 

[Bonny lad]

First, establish whether he has cash or assets of any type.

Then, do what I do and have had 100% success on debts over 750.

Issue a Statutory Demand under the Insolvancy Act 1986.

Want help ? I will help you free of charge to do this. It's simple, easy and it works. Bankruptcy focuses peoples attention.

PM me if yu want to go this route, it is quick and free. (service of papers costs about 60 quid)

 

[The Resolver]

Bankruptcy notice approach is good one but you have to be careful as they can bite you back IF he is actually insolvent. Firstly, you may just end up tipping him over the edge. He may take advice on it and decide bankruptcy is not a bad idea after allorindeed warned against paying one creditor over others. This leads me to the second risk that, even if does not do that now, if he is subsequently declared bankrupt (or goes into an IVA), payment to you may be seen as a preference requiring reimbursement. It would be hard for you to dispute his current insolvency status if you actually serve an Insolvency Notice!

So yes , an Insolvency Notice is a good idea if you are sure he is NOT insolvent and just a 'can pay, won't pay' guy but there are additional risks.

But as he will be collecting monies from tenants generally and witholding his share and accounting to his clients, a far better approach is a Third Party Debtor Order attaching to his commissions. You just have to find out the names of major letting clients,which should not be difficult - check out what properties to let he advertises and find out the names of the landlords.

 

[SelectCM]

High court enforcement is your cheapest option for recovery of the CCJ, and I agree with other listings above on other enforcement avenues that can be considered.

Many thanks,
Tom
SELECT CREDIT MANAGEMENT LIMITED

 

[Alan R Price]

High court enforcement is great as long as there are assets to seize -office equipment doesn't fetch much at auction. A statutory demand (referred to above as an Insolvency Notice) should flush out a "won't pay" as opposed to a "can't pay" and costs relatively little. Graham Ross's suggestion about third party debtor orders however seems very sensible and practical and is probably my preferred option.

 

[Bonny lad]

Bankruptcy notice approach is good one but you have to be careful as they can bite you back IF he is actually insolvent. Firstly, you may just end up tipping him over the edge. He may take advice on it and decide bankruptcy is not a bad idea after allorindeed warned against paying one creditor over others. This leads me to the second risk that, even if does not do that now, if he is subsequently declared bankrupt (or goes into an IVA), payment to you may be seen as a preference requiring reimbursement. It would be hard for you to dispute his current insolvency status if you actually serve an Insolvency Notice!

So yes , an Insolvency Notice is a good idea if you are sure he is NOT insolvent and just a 'can pay, won't pay' guy but there are additional risks.

But as he will be collecting monies from tenants generally and witholding his share and accounting to his clients, a far better approach is a Third Party Debtor Order attaching to his commissions. You just have to find out the names of major letting clients,which should not be difficult - check out what properties to let he advertises and find out the names of the landlords.

This is sound advice. There is no point going after some one who will take bankruptcy in their stride, so you do need to know if they have assets and just "won't" pay.

My approach is a little gung-ho, I admit, but I have used it against Kitchens Direct and they paid instantly, and a few others. I am careful to make sure that they have the money and that the debt is "Proven" as if you do this without a judgment they could get it set aside and costs awarded against you.

So, before you go this route.

1. Make sure they have the assets to cover your debt.
2. Make sure the debt is "proven" ie CCJ or court order.

IF the debtor is a rogue, they may just laugh it off, as one did to me, so I did not bother. However, in certain clear cut cases a Stat Demand is a blunt instrument that gives debtors a big headache.

All the best