Landlord held back deposit - difficulties to enforce small claims judgement

NOKU_3

Hi,

A landlord did not return my deposit, so I started small claims procedures and the court judged that he had to pay up (this was in late 2003).

However, enforcement turned out a nightmare:
1. the man does not live at the house-share, and there is nothing the court could take away.

2. Attachment of earnings order could neither be delivered, nor do we know what income he got. We don't know where he actually lives, but as he was a RBKC / London councillor I tried to get the order delivered to the council - no success. Writing to the council to help with the matter they wrote back that they would not interfere with councillor's private affairs.

3. My final attempt -a long shot- was an application for charging his property (which we know he owns). I claimed for interests too, and trying to establish that any charge would be index linked so any amount possibly paid in the far future represents remotely the damage caused at the time.
The court dismissed the application, saying that 'Judgement debts below £5000 do not carry interests. Costs fees should be separately set out'.
West London County court is unapproachable (I tried to call so often! and on previous occasions even went their to be clearer on what I can, and cannot do - hopeless...);

I now don't know anymore how, and what I should do next and would appreciate any thoughts to this nightmare...

clutton_2

give it up - you have spent 6 years pursing someone who is determined not to pay you - give it up and move on with your life - this long vengeance will eat you up with bitterness at this rate.

bw

tbs624

Have you tried North Ken Law Centre, Kensington CAB.

If this bloke is still a councillor, he can be served at one his surgeries.

Check out the ownership info at the land registry and see if you can pick up an address there (small fee)

If he is still letting property then contact the private sector rentals team at the local council.

Contact the local newspaper and get them to run a piece on how the tenancy deposit regs don't go far enough, and have nothing to offer T's such as yourself. After MPs' dodgy dealings, a local rag would love to hear about councillors/ex councillors who don't do the right thing.

Trollfever

Employ a debt collector.

clutton_2

debt collectors have no more legal enforcement powers than you or i - they rely on bullying tactics to get money out of people

princeofpounds

I notice this one dropped down the boards without much of a reply, which is a big shame. In my opinion, enforcement is one of the weakest areas of civil law; if someone is cunning and prepared to go to great lengths then they can avoid it for a long time.

But I have to say there's something I don't understand here. Why is it proving so hard to make service if he is a public figure? Can you not have a friend arrange a councillor's surgery or doorstep him outside a council meeting (or his home, office?) and take a witness? It's a hassle I know but quite possible.

And presumably he now has a CCJ on record? Is he really happy with that?

Other things you can do:
- charging his property. I don't understand why this was dismissed by the court, you haven't been particularly clear on this. If it was just procedural, why not try again with a correct procedure
- earnings attachment order. you know he is employed by the council (at least for his allowances), can you not force them to take money from his earnings (this sort of order they cannot ignore as they are the subject of it). And it wouldn't take much digging to find out if he has a regular employer?
- you can get orders that will force him to come before the court and lay open his financial affairs, which will provide you with all the ammo you need to then seek enforcement orders
- You were presumably paying rent to a bank account - can you not apply for an order to freeze that account and seize any assets within (if there are any).

There are probably other routes but i have heard of these being used (and know friends who have in some instances).

You might want to go post at landlordzone, they have a couple of lawyers there who I have seen discussing enforcement options.

NOKU_3

Thank you for all the usefull thoughts & comments.

From all my previous attempts of enforcement the charging order seems to be the only realistic and final shot without the need of delivering orders in person, etc.

The judgement of October 2003 was for £435.60.
Subsequently I added application fees for the following enforcement attempts, plus interests:

1. Application for questioning - court order confirming amount of £475.60 due – no success

2. Request for attachment of Earnings order (an attempt to tap into his councillor allowance as the only visible income he got) - court order confirming amount of £609.03 due, dated September 2005

In the following months I tried to get the court issuing the order to RBKC council (as the landlord couldn’t be found in person anywhere else) where he was still a councilor. I provided the court with dates of council meetings where he should be present (people explicitly advised me not to deliver personally to avoid some punch-up). This was also the time when the Town Clerk & Chief Executive, Derek Myers responded in writing to my plea for help that RBKC has no powers to involve in their Councillor’s personal affairs and business proceedings but that he passed the correspondence to the landlord who told Mr Myers that it is his intention to get in touch with the court and me (neither ever heard of him)

Matters dragged on until the court wrote to me on 04 August 2006 (by this time he was no longer a councillor)
“Before District Judge Nicholson sitting at West London County Court…etc…
Upon the Court’s own motion. The Court has made this order of its own initiative without a hearing…etc….it is ordered that: Application struck out. The Claimant is seeking to claim sums over and above the amount for which judgment was entered. Any further claim must be the subject of separate proceedings”.

Would this have meant that the court order for attachment of earnings stating £609.03 was no longer valid?

Following questions to conclude final steps within time limits:
1. What amount should I actually put into the property charge order?
2. Will such amount be index linked, or will the debt due vanish in value by inflation, etc.?
3. If the charge order is successful, will I be a secured creditor?

Many thanks for your thoughts,
NOKU

clutton_2

how much has all this cost you in terms of court fees and your time already ??

there comes a point in life where we all must recognise that a fight cannot be won and we must give up fighting - whether that is fair or not or just or not - get on with your life and move on - someone this slippery will get his come-uppance farther on down the line in life

i so agree that getting money out of folks who are determined not to pay is the weakest part of our legal system