Issuing warrant - waste of money!!

simpywimpy

I was chasing a debt of £500 of unpaid rent from my ex tenant, a 60+ lady on benefits. I followed the instructions online for each stage and following repeated non payment, paid the extra £100 for warrant to be issued.

The bailiffs have now made visits and she still doesnt respond however, when I spoke to them today they told me that if they remove her furniture, then it will end up costing me!!!

How the heck does that work??? I've paid £130 in fees yet she still gets away with not paying, not responding to requests etc??

Nowhere in the online system where it tells you what your next option is does it explain that paying for a warrant to be issued is worthless.

Does anyone know how to find out how much the charge will be (to me the claimant) for getting the bailiff to actually do his job and start removing her stuff?

This woman btw is abusive and has actually punched me in the chest so it's not the money, its the principle

simpywimpy

Does anyone know if there is anything I can do?

hippyadam

Bailiffs will be looking for £1800 worth of goods to settle a £600 bill. What they do seize will be auctioned off, in the hopes enough will be raised to pay your amount & their fee's.

If there is a shortfall, you will have to pay it! After all, bailiffs don't work for free...

To be honest, if she lives in rented accommodation, has no car of other large asset to levy on your probably not going to see any money... Unless she has significant assets hidden away somewhere. Even then you will incur expenses finding out.

On the plus side, you do now have judgement. Nothing to stop you calling off the bailiffs (for now) and coming back in a year or two to see if the situation is still the same... You will have to get a new warrant issued as i believe they have a 6 month life.

Sorry i can't be more help that that Good luck

RobertoMoir

Does anyone know how to find out how much the charge will be (to me the claimant) for getting the bailiff to actually do his job and start removing her stuff?

It isn't the bailiff's job to "start removing her stuff". It's the bailiff's job to secure payment of the debt one way or another. The difference is important, trust me on that one. As such, removing goods when this won't resolve the debt is a bad idea.

If there are insufficient goods to meet the debt plus the cost of enforcing it then it is pointless for bailiffs to remove goods - auctions of goods seized typically recover only a small percentage of the original value of an item so a bailiff has to seize a surprising amount of stuff to be sure of covering a debt.

If they can't be sure that removing goods will help then they absolutely should not do so. I'm pleased to see bailiffs acting correctly in the case you describe.

simpywimpy

While I appreciate that she hasn't enough valuable assets to seize, I have followed the next course of action offered to me online but it didn't have any cautionary message as to what to consider before moving to the next option.

To be honest, I expected the threat of bailiff action to prompt her into payment (as it would for me) but what has amazed me is that just because this woman is on benefits in rented accommodation and chooses not to pay means she gets away with owing the money. How can that be?

If that is the case, what is the point in anyone in that situation paying anything?

RobertoMoir

Oh I wouldn't say it was fair. Just that it is how it is. If bailiff enforcement fails then you need to look at other options, but at the same time you have to be realistic; There will be costs, which you will pay if they can't be recovered from the debtor, and you cannot get blood from a stone.

jdturk

it's a pity you can't get a charge put on her benefis

simpywimpy

It just seems another example of those who don't give a damn getting away with everything, yet the rest of us trying to live responsibly, being penalised for it.

Very disappointed with the outcome - and the lack of explanation on the court system website..

Ms-Pacman

if she was claiming housing benefit and not paying to her landlord then that is worth reporting to the housing benefits offices.
They don't like that at all and have prosecuted people for doing so, see it all the time in local papers.
Is this the case in your situation?

Oopsadaisy

The old adage "Never sue a man [or in this case a woman] of straw" is so true.

Oopsadaisy

If she's on benefit then she might well be on the fiddle [sounds like the sort], so maybe a call to the hotline would give you some small satisfaction [albeit not £700's worth].