Frustrations with the legal system and a tenant that defaulted payments

JamesY201

BrownTrout said:

JamesY201 said:

BrownTrout said:

JamesY201 said:

canaldumidi said:

Very frustrating!

Key question- has the T got any assets? If not, sheriffs won't be able to get money. So you have to weigh up the choice:

hassle, additional costs and possibility of getting some money Vs total write-off but clean start

I have had that dialogue with myself. He claims to be working, and took the call whilst he was in Amsterdam. I appreciate he may not have anything to claim from, however I may be satisfied with a CCJ in his name to spare anyone else this hassle from this individual.

Personally you should go for it, if you have the trial fee left to pay, definitely worth 
But post up the orders .  You can then (if you win) find out where he is working and then get an attachment of earnings order against him
A third party debt order is also possible , but depends on his banking assets.  Don't bother with HCEOs they really are a waste of time for domestic cases like this

Thanks. Yes my experience with HCEOs has not been great in the past. Will post when the order arrives. BY all accounts any day soon.

It will probably say "claimant to serve claim within xx days" make sure you don't mis the deadlines as the date the order gets sent out may not leave you much time, maybe worth you giving the court a court and taking a note of what the order was

The reserve you claim, put the defendant to strict proof they are not the person in the photograph etc.  Then when it gets a hearing date if it mentions a hearing via CVP/BT Meet me, email the listings team  @ the court and explain why it needs to be a physical hearing, or when you submit the defence put that in the email

If you want to send me a message as to your location i **may** be able to assist with one aspect, just depends on where you are in the country!

Thanks. I am based in the West Midlands however the defendant is based in London and the hearing was in Croydon. The judge has still not sent or even typed up the order. I spoke with the courts yesterday and they told me that I could email the courts my intention to proceed. They assured me that this would satisfy any time frames, however I was not overly convinced with their level of confidence.