Enforcing judgement – urgent advice needed!

carpetfluff

On the 24th June, my partner and I won a claim against our ex-landlord for failure to protect our deposit, and the judgment against her ordered her to pay us £4200 (the original deposit and 3x the deposit in compensation) plus interest on or before 8th July.

We waited until the 9th July for her to pay, but she did not, so we posted form N316 (Application for order that debtor attend court for questioning) to the court. The intention being to obtain more information on her financial situation, so we can decide which is likely to be the most effective enforcement method to use.

However, on the 10th July we received the form N245 (Application for suspension of a warrant and/or variation of an instalment order) which she submitted on the 7th July, and the court forwarded on to us on the 9th. In this form she states that she can only afford to pay us £50 per month, and has detailed her income, expenses and debts, and enclosed a cheque for £50. This is unacceptable, as it would take her 7 years to pay us the full amount. We know that she still owns the property we were renting, so at the very least we should be able to apply for a charging order.

Along with the N245, we received form N246 (Claimant’s Reply to Defendant’s application to vary instalment order). We now have 2 weeks to return this form, stating whether or not we accept her offer of £50 per month. If we do not accept the offer, then we must say how much we will accept per month, or that we will accept payment in full by a certain date. However, we are not interested in monthly instalments, and would like to enforce payment. We must also record our objections to her proposal.

From what I’ve read, it seems that if we reject her offer then the court will consider her financial situation based on the information she has provided in the N245, and decide how much she must pay us per month. She missed the original payment deadline of the 8th July, so we have the right to enforcement. However, it is my understanding that if the court orders that she is allowed to pay in monthly instalments, we will be denied the right to enforcement so long as she keeps up with the payments. Surely we have the right to decline this, and follow the usual lines of enforcement? Does anyone know whether our N316 application be suspended due to her submitting the N245?

Thanks in advance for any advice.

terryw

This person really knows the ropes and is playing "brinkmanship"! I am not completely up to date with procedure, but I would guess that her application will take precedent over yours. Check this with the court as soon as you can.

I believe that requests for payment by instalments are handled initially by the chief clerk in an administrative capacity to decided a repayment plan that the debtor can manage. Go through her statements with a fine-tooth comb looking for untruths or misleading figures and include these in your reply for consideration.

Also point out that she has capital assets (the property that she lets). Ask if it is possible for the application to be heard by attendance so that you may ask any pertinent questions.


I am not up to date and I hope that someone else comes along with advice. If not there is a newsgroup called uk.legal.moderated where many trained legal people offer suggestions, and it could be worthwhile posting on there. Make sure you use "moderated" as the uk.legal group is not so good.

I wish that I could be of more help. Best of British anyway.

ILW

If her assets do not excede her liabilities, you may get nothing.

Ulfar

If your not willing to take payments in installments, ask for a charging order and then force the sale.

This relies on their being any equity in the property which isn't certain.

Failing that ask for the charging order on their home address which may have more equity and from which they are more likely to want to sell.

If the court gives them the option for monthly payments, ask whether it can be deducted by the employer if they have one in addition to being an employer.

penguin83

Hi Carpetfluff, when returning your N246 put your objections to an instalment order being made on the basis that you wish to enforce the judgment. If an instalment order is granted you have 16 days from the date of the order to object and this will get the matter listed for a hearing for a Judge to determine if an instalment order can be allowed.

Your N316 application can continue as the defendant does not need to be in default of a judgment for this to proceed. The court should issue this regardless. xxxx

DVardysShadow

carpetfluff wrote: »

On the 24th June, my partner and I won a claim against our ex-landlord for failure to protect our deposit, and the judgment against her ordered her to pay us £4200 (the original deposit and 3x the deposit in compensation) plus interest on or before 8th July.

.... We now have 2 weeks to return this form, stating whether or not we accept her offer of £50 per month. If we do not accept the offer, then we must say how much we will accept per month, or that we will accept payment in full by a certain date. However, we are not interested in monthly instalments, and would like to enforce payment. We must also record our objections to her proposal.

I think that the absolute minimum is that she should pay your deposit [£1050?] forthwith. She has held that money in trust, it was yours and remained yours while she held it. If you don't get that, I would suggest bailiff recovery.

And beyond that, I would be inclined to hold her nose to the wheel over the rest, following through with the N316 and questioning in court.

Have a little think through the charging order idea - it may be wiser to put it against her main residence. The reason being that if it goes against the rental property, the lender may have to be notified - which might possibly lead to her renting permission being revoked, leading to her losing the income she needs to pay you.

princeofpounds

well you seem pretty clued up and it's depressing that justice is so complicated that she can be slippery in this manner.

I'm guessing you've seen this:
http://www.hmcourts-service.gov.uk/infoabout/enforcement/index.htm
if not, make sure you try every avenue of enforcement. My friends succeeded when they froze their LL's bank account with a TPDO. Sue for bankruptcy too perhaps, and remember to always add your costs on.

try landlordzone forums, some lawyers there might be able to help. also if you are a member of a union they often have free legal telephone advice. the court leaflets also namecheck CLS direct.

good luck!

princeofpounds

This is the court advice for the other side:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf

terryw

princeofpounds wrote: »

well you seem pretty clued up and it's depressing that justice is so complicated that she can be slippery in this manner.

I'm guessing you've seen this:
http://www.hmcourts-service.gov.uk/infoabout/enforcement/index.htm
if not, make sure you try every avenue of enforcement. My friends succeeded when they froze their LL's bank account with a TPDO. Sue for bankruptcy too perhaps, and remember to always add your costs on.

try landlordzone forums, some lawyers there might be able to help. also if you are a member of a union they often have free legal telephone advice. the court leaflets also namecheck CLS direct.

good luck!

Yep, got to agree about the Op being clued up and the debtor being slippery.

The county court link is good but very brief for obvious reasons. County court procedure is given in full in the "Green Book". Lawyers, court staff and even judges check in here. Here's a link:
http://www.hammickslegal.co.uk/shop/product_display.asp?CT=NA&ProductID=9781405746489

The big drawback is the cost - over £400. However, the court will often let you have a look at their copy and some city libraries have reference copies as well.

The OP has the bit between his teeth (well done) and it might be well worth his while spending a bit time on research in the green book.

terryw

princeofpounds wrote: »

This is the court advice for the other side:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf

Well done POP. This appears to answer the OP's question. Even if an order for instalments is made, the OP can still continue with the application for the debtor to attend.

"Can the claimant take any other action against me?
If the claimant is not sure which type of enforcement to use, an order to obtain information from you might help. This is a way of finding out about your income and spending to help decide what to do next. The claimant can apply for an order to obtain information at any time, even if you are not behind with your payments.
The court will tell you when to come for the hearing. You will need to bring any documents about your finances, such as:
• pay slips;
• bank statements;
• rent books or mortgage repayments;
• court orders on which you still owe money;
• hire-purchase or other hiring agreements;
• building society, post office or trustee savings books;
• bills which you owe; and
• any bills which are owed to you.
You must go to the hearing. If you don't go you can be arrested and sent to prison for up to two years"

Trollfever

And also investigate serving a Statutory Demand.

More info here:

http://www.insolvencyhelpline.co.uk/legal_issues_explained/statutory_demand.php