How do I enforce a CCJ?

How do I enforce a CCJ?

by Readers Question

Guest Author

0:06 AM, 31st May 2024, About a month ago 12

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Hello, after five and a half years, a CCJ debtor still hasn’t paid their outstanding rent (£3k). Attachment to earnings and Sheriffs have been unsuccessful (they are an agency worker, albeit full time).

I’m wondering if anyone has experience of issuing the N316 form for debtor to attend court to declare income and earnings?

He has his own property which he rents out but I understand that a charging order against a property is not straightforward either.

Having already paid additional fees, I’m reluctant to pay even more if chance of success not good.

Any help greatly appreciated.

Thank you,

Helen


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Comments

Dizzy

11:35 AM, 31st May 2024, About a month ago

Have you considered talking to no win no fee debt collectors?
Although they were unsuccessful a Company called Bright Future Solutions did stick to their word and refunded my up front fee when they failed to get a result after a year.
Swift Resolutions also seem to have their finger on the ball, though I haven't used them for debt collection yet.

Simon F

13:44 PM, 31st May 2024, About a month ago

Reply to the comment left by Dizzy at 31/05/2024 - 11:35
I haven't used any, but this is the way I would go too. A few years back, I made a note of Direct Collection Bailiffs Ltd.

Judith Wordsworth

14:35 PM, 31st May 2024, About a month ago

Do a new MLOL. Even if you don’t get the £3k plus additional court costs it will be another 6 years to piss him off.

If he’s unlikely to sell his rental property you won’t get the money, and if sells below his BTL mortgage costs, but again will piss him off if there’s an additional charge against it. It’s not difficult to do.

GlanACC

16:54 PM, 31st May 2024, About a month ago

I am afraid after 5 and a half years you will struggle to get your money. The debt write off limit is 6 years and all the tenant has to do is ignore you for 6 months and thats it. Many of us have been there, and you need to know when to throw in the towel. The thing is not to take it personally or you will throw a lot of good money after bad. I have been stiffed a few times in my 25+ years of letting (non payment , property needing refurb after letting). the first one I took personally but she avoided paying. The only success I really ever had was getting a guarantor to cough up over £2k, and he was so disgusted with his daughter and her partner he cut them out of his will and left everything to his grandkids.

Jack Craven

17:38 PM, 31st May 2024, About a month ago

Reply to the comment left by Judith Wordsworth at 31/05/2024 - 14:35
I agree with Judith Wordsworth, take out a further CCJ before the old one runs out, that gives you another six years in which you may get paid. And as has been said will piss him off even more.

Michael Booth

17:58 PM, 31st May 2024, About a month ago

Bite the bullet and give it up ya p1$$ing good money up the wall l right it off when l get caught, that's the advice l recieved off my solicitor who is a personal friend these people are rats .

PAUL BARTLETT

19:16 PM, 31st May 2024, About a month ago

Reply to the comment left by Jack Craven at 31/05/2024 - 17:38
Further CCJs will influence the credit rating of that delinquent so its not just an annoyance rather has real world consequences to their ability to borrow and also protects potential lenders from such delinquent behaviour.

Not direct benefits to your business but the right thing to do at the cost of MCOL fees.

Accountability matters.

Ivor Tennant

9:11 AM, 1st June 2024, About a month ago

Reply to the comment left by Simon F at 31/05/2024 - 13:44
I used DCBL for 2 CCJ’s. After 3 half hearted attempts they advised they were unseccessful and charged me a fee. Totally useless and so different from their “on screen” successes.

GlanACC

19:45 PM, 1st June 2024, About a month ago

You CANNOT take out another CCJ for the SAME debt, you would need to have further claims of cash to process eg further fees like tracing fees or debt collection fees incurred in trying to recover the original debt

Matt - London letting Agent

8:51 AM, 3rd June 2024, About a month ago

It sounds like you're going down the Oral examination route but a charging order is probably the most effective way to secure payment of your unpaid CCJ. Alternatively, wait it out as the CCJ will remain enforceable for up to 6 years.
For what its worth, we use Frontline Collections for all Rent Arrears debt collection with a great degree of success. They provide the full shaboom for debt collection services from start to finish. Frontline Collections have also executed unpaid CCJs for us on a regular basis which is extremely cost effective.

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