Nick
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Scrotes what need slapping...Two lovely gentlemen owe me money, around £2-3000, I expect.
What's the best way to get it back? Debt collector, or small claims court, or where?
And, any idea how much of the debt I'd expect to right off?
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sally_in_wales
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Have you tried a to the point solicitors letter for starters? Dunno how expensive that would be but it might remind them clearly
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Nick
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Oh, yep, they've had those, and from the letting agent, too.
Couple of tenants in London, refusing to pay rent, trashing the place. Given notice to quit, but in arrears since February.
Luckily, I know exactly where they work.
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tahir
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Very very difficult to get money back. The only real way is if it can be turned into a criminal offence (i.e. bounced cheque etc)
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Chez
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There's only any point in pursuing them if they have the money to pay you - the people who stiffed us for £6k last year had deliberately worked things so that there was no money in their business to pursue.
If they *have* money, you can threaten them with bankruptcy in order to get them to pay it; but blood/stone etc. etc..
Solicitors fees cost us two or three hundred quid I think, for three or four letters and some phone calls, when we were pursuing them. Obviously that didn't work. It did work with another company who were carp rather than malicious fraudsters.
I guess it depends on their situation.
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Jonnyboy
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Can't you get dpack to cook one of them?
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Chez
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Ah, strike what I said, different circumstances.
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tahir
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| Jonnyboy wrote: | | Can't you get dpack to cook one of them? |
Or bits of?
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Chez
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Are you following the legal process to have them forcibly evicted? (I think there still is one?).
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sally_in_wales
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if you know where they work, could you inform their boss that they are antisocial wossnames and ask for the money to come direct from their wages. It won't happen I'm sure, but making life awkward for them at work might send a message that you are serious and know where to find them
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Nick
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| Chez wrote: | | Are you following the legal process to have them forcibly evicted? (I think there still is one?). |
Well, they've been given notice to quit, but they're being slightly awkward, refusing to let the agent in to give viewings, and such. I am assuming they are moving out at the end of April. If they don't, they'll be moved out.
The legal eviction route could be followed, but it'd take 9 weeks to even get a court date, by which time they should have gone anyway. Sister in law is a housing officer, and evicts for a living, so she knows all about that side of things.
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Nick
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| sally_in_wales wrote: | | if you know where they work, could you inform their boss that they are antisocial wossnames and ask for the money to come direct from their wages. It won't happen I'm sure, but making life awkward for them at work might send a message that you are serious and know where to find them |
They work at/run a very expensive salon in Fulham, or somewhere close. I fully intend to make a bit of a pain of myself there if it comes to it. 
Wonder if dpack's free...
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Chez
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We could all go round and visit Ian's father's garage and then pop round to give you a helping hand to move them out?
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sally_in_wales
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is the salon posh enough to be very put out when the tabloids hear that their slick stylists are reneging on the rent?
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Nick
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I doubt it, Sally, but I don't know.
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Mary-Jane
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I'd go to the Small Claims Court Nick - no legal costs (except the court fee) and represent yourself. If you can get judgment against them and they then fail to cough up, you can apply for an attachment of earnings order (provided they are employed by someone of course).
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Mary-Jane
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Have you attempted to settle the matter between yourselves?
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Nick
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| Mary-Jane wrote: | | Have you attempted to settle the matter between yourselves? |
Without being patronising, how do you mean? I've let them have a home, they've signed up to agree to pay rent, they haven't, they've had bills, letters and phone calls from both us and the letting agent.
Should I, reasonably, do more before launching in 'legally'?
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Nick
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| Mary-Jane wrote: | | I'd go to the Small Claims Court Nick - no legal costs (except the court fee) and represent yourself. If you can get judgment against them and they then fail to cough up, you can apply for an attachment of earnings order (provided they are employed by someone of course). |
You mean, I turn up, simply state they owe me, show a series of bank statements with bounced direct debits as proof they've not paid, the tenancy agreement saying they should have done, and the beak takes their pay cheque and gives it to me, ensuring they have enough to live off, sort of simplicity?
Do I need to know who employs them?
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tahir
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Bounced direct debits should (I believe) be the same as bounced cheques, which means you can get the police involved.
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wellington womble
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| sally_in_wales wrote: | | is the salon posh enough to be very put out when the tabloids hear that their slick stylists are reneging on the rent? |
Or embarrassed when a lot of slightly scruffy hippie types turn up to see about the rent? 
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Dr Rob
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As Mary-Jane says. My wife sued someone for £500 a few months ago, conducted the case herself (I gave up litigation a long time ago) and got judgment. He appealed against judgment to the County Court 'proper' in Swansea, Mags opposed it and won there too. She was awarded full costs, including travelling. The so-and-so still wouldn't pay up so she sent in the bailiffs who seized his horse box and Range Rover. He had to pay then plus further costs.
This all sounds a lot of trouble to go to but we knew that the defendant had money and a large house, land and horses and it was worth pressing on. The procedure is, in fact, quite straightforward and if you have a case you'll get there in the end - and that's very satisfying.
Also, judges are usually very helpful to litigants in person.
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Dr Rob
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As Mary-Jane says. My wife sued someone for £500 a few months ago, conducted the case herself (I gave up litigation a long time ago) and got judgment. He appealed against judgment to the County Court 'proper' in Swansea, Mags opposed it and won there too. She was awarded full costs, including travelling. The so-and-so still wouldn't pay up so she sent in the bailiffs who seized his horse box and Range Rover. He had to pay then plus further costs.
This all sounds a lot of trouble to go to but we knew that the defendant had money and a large house, land and horses and it was worth pressing on. The procedure is, in fact, quite straightforward and if you have a case you'll get there in the end - and that's very satisfying.
Also, judges are usually very helpful to litigants in person.
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boisdevie1
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Nice to see that Dr Rob won the case not once but twice. Way to go.
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Moniar
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| Mary-Jane wrote: | | I'd go to the Small Claims Court Nick - no legal costs (except the court fee) and represent yourself. If you can get judgment against them and they then fail to cough up, you can apply for an attachment of earnings order (provided they are employed by someone of course). |
Spot on advice. Its easy to go through the small claims procedure yourself and if you get a debt order against them it will affect their credit rating, and if they dont pay you can apply again to the Court to enforce the order - attachment of earnings is a lot more productive than the bailiff route (very limited what you can seize these days, but can be productive as Doc has found).
Dont even think about getting them out yourself - illegal eviction is a criminal offence. If they have shorthold assured tenancy then its 2 months notice of seeking possession, then county Court for a claim for both possession and the outstanding debt plus your costs.
You might also have some come back on your agent if they havnt managed the letting professionally e.g if they didnt take up the tenants references etc
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Dr Rob
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| boisdevie1 wrote: | | Nice to see that Dr Rob won the case not once but twice. Way to go. |
I had nothing to do with either of them
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marigold
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Don't bother going after them unless you are sure they have personal assets that the court can seize (goods or employment income). If they live in rented accommodation and are self-employed then you may get a court order in your favour that is unenforceable. They'll get a CCJ on their credit records, but you won't get your money (or your costs). You can force them into bankruptcy, but it'll cost you more...
Have you got rent protection insurance? The small print of that will tell you want steps you have to take before you can claim on it.
Can the letting agency prove that they credit-checked the tenants properly and took up references? If not, I suppose you might have a case against the agents.
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