David Asker

Many people threaten bankruptcy with a Statutory Demand but few rarely see it through as Robert rightly says the chances of getting what you're owed are slim to none.

Also, the average costs for a solicitor to draw up a Stat Demand are circa £400 whereas to petition for bankruptcy will see you having to find a further £2,000 or so.

We would always recommend obtaining judgment in the County Court via MCOL. This will give you 6 years to decide how best to enforce it if it is not repaid with several options at your disposal. It may also be that in the 6 years the debtors circumstances change and they need the judgment to show as satisfied on their credit rating for a mortgage, loan or finance etc.... Read More

Hi Jason,

Sorry to hear of your tenant woes.

For info, I wrote an article on the subject earlier in the year which should be of some help:

https://www.property118.com/disposing-of-goods-left-in-properties-after-eviction/83626/... Read More

This is not uncommon but it will often take a good few months for people to 'pop up' again.

We spend a small fortune on tracing software and our in-house trace department would usually expect to wait 3 months before somebody appeared on the systems again.

As Neil says, you can do a fair amount of research yourself especially on social media. Facebook, Linked In, Twitter and other sites will often provide decent info, which whilst may not give you an address it can be cross referenced against any tracing info and may confirm one.

We're happy to undertake a free trace for any Property 118 member.... Read More

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Jamie makes a good point.

I wrote an article on it last year as we found it difficult to manage expectations on such an emotive subject.

http://www.property118.com/the-challenges-of-recovering-rent-arrears-from-residential-tenants/77625/... Read More

It's a tricky one I'm afraid.

We regularly see Judges in the County Court allow what we consider to be paltry amounts as an arrangement to settle a judgment.

I would advise your best bet is to do your research on the defendant, advising the Judge of any assets you believe they have and giving him details any financial details you have. Defendants will always try to look like a man of straw.

It is worth noting that even if a payment arrangement is agreed, if they break it the judgment becomes enforceable immediately. Accordingly, you may wish to act fast and if the remaining sums due are over £600 you could use an HCEO like us.... Read More

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Get some prices on eviction first though as some agents just add fees to the charges of the actual HCEO.

As a guide we would usually charge £395 plus VAT for a standard eviction. We've heard of some charging £800 plus.... Read More

Here's a question.

In the SDLT summary it states:

The government has decided to increase the 18 month period to 36 months, for both of the scenarios set out above, as the most appropriate way to provide additional support. This change gives extra time to those who are moving home in challenging circumstances to rearrange their affairs.

The 36 month time period will commence from 25 November 2015 for those who had sold a previous main residence prior to the Spending Review and Autumn Statement 2015, in order to provide additional transitional support.

I am currently purchasing a property for main residence but keeping my old property also and should complete by 31st of this month.

Does the 2nd paragraph in the SDLT summary above mean that I will have to pay the additional 3% as it is after 25 Nov 2015?... Read More

Hi Gareth, reporting should really be within 3 days of a visit but this will depend on each HCEO company their processes and staffing.

The reason 3 days is sensible is because this will allow any response from the debtor to be included in the report. You are the client, so yes, get onto them.

Kind regards, David Carter... Read More

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I'm surprised at this as it would seem to me they are missing out on an opportunity to recover enforcement fees in the matter.

However, despite some fancy websites there a few new small HCEO companies in the market that lack coverage and coverage.

We would of course be happy to assist if they fail to deal with the issues you have raised.

Kind regards, David... Read More

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Unfortunately, the author (an anti-eviction solicitor) is misinformed and has not read the recent Guidance Notes issued by the Senior Master of the High Court.

I am out of the office at present but when in, shall post the details. I will also write my own article on the subject debunking his article.

What I can confirm is that they state that form N293A is perfectly legal to use in such circumstances.... Read More