We recently took previous tenants to court for unpaid rent and have just received a letter from the bailiffs saying No value goods, no monies collected so basically we still have not recovered any debt. The lady i spoke to at the court said the only line of action i can take now is an attachment of earning if the debtor is employed. ( which he definitey was in Novmeber). So basically has anyone been through this process, is it worth it to reclaim £1500 or do we have to accept the lost rent and the tenants get away with not paying us.
My wife used to be a debt collector for many years dealing with both pre and post litigation in finance. I have just spoken to her about your case and can clarify that this is a fairly easy process (if a little costly) to implement. The important thing is that you have his employment details.
You can then pass that to the court to enforce the debt. One of the biggest advantages with AOEs is that it is immediate without the monthly chasing. It obviously does not work if the debtor is self employed.
It will cost you around £50 to enforce. Check with the court as their fees have recently changed,
Thankyou.... I have the name of the company ( a large national company) but not the offices he's employed at but I'm sure if I address it to the head office they will be able to locate him. The fees are now £100 to issue the warrant which I can add to the debt. I just feel that's more expense out of our pocket for monies that I can't guarantee repayment of. I feel very frustrated that he may just get away with this
The other thing you could try, if you know where he has a bank account, is a third party debt order. That is an order which means the contents of their bank account up to the value of the judgment debt are paid to you. It is a one-hit order so apply at the end of the month when there is more likely to be a credit balance. Advantage is it can result in payment of the whole debt in one go. Disadvantage is if they are in overdraft/have very little in the account then you have to try again eg by attaching earnings. Possibly worth a go, though, if you think it is a case of "won't pay" rather than "can't pay".