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My old landlord failed to return my deposit. They also failed to use a deposit proteciton scheme, despite insisting that he had.
I took them to court, and won. They now owe me over 3k.
BUT they are now claiming poverty, stating they are retired and living with a friend and offering 40 quid a month. At this rate it will take 6 months just to claim back the fees i've paid out, and around 7 years to get my money! I suspect this isn't true, and in a few months i'll stop recieving the 40 quid payments and have to go back to court. He's not provided any evidence to support his claims of poverty. HE also owns 3 flats and hasn't mentioned them BUT they are in the name of a limited company. the address of the house i've been writing is not in his name.
so i guess i can't order bailiffs or place a charging order on the property??
Is there anything i can do?
I tried contacting the Citizens advice, but they don't do appointments, i just have to sit in the waiting room from 9:30am until whenever i can see someone.
Is there a reason that you can't send Bailiffs round? Might be a wake-up call that causes them to suddenly find your £3K down the back of the sofa.
If he didn't use the deposit protection scheme he has broken the law.
I would contact him and tell him you want the money now or he will be reported for not using the deposit protection scheme and you will send the bailiffs round. payments over 6 months would be acceptable to me. 7 yrs would not be.
Did the court give him time to pay?
Ask advice from the court? sell the debt to a debt collection agency? Send the bailiffs round anyway?
[url] http://www.direct.gov.uk/en/TenancyDeposit/DG_066380 [/url]
this is quite interesting - from the above
"The Tenancy Deposit Scheme came into force on the 6th April 2007. If you are not protecting a tenant’s deposit you will be ordered to repay three times the amount to the tenant so find out how you can protect deposits and resolve disputes."
was your judgement against him or the company that he rents the flats through?
if it's the former then the threat of bailiffs might be an idea. Who's the £40 been offered through - the courts or direct to you?
charge against the property only works if it's sold so you might have to wait sometime
Sell the debt to a "collection agency" ? They'll take 10% but will probably get results 😉
The lack of DPS was brought up in court - hence him oweing me 3k
The court made the judgement against the landlord NOT the company the landlord runs (i've got the directors information from a gov website) that owns the flats. The landlord was named on the tenancy agreement, not the company. The bailiffs need an address, without it i can't sent them round. if they go to his mailing address (a house not in his name - checked the land registry), someone else will answer, present a utility bill and thats the end of it. I'll then get a bill for using the bailiffs.
i'll look into debt collection agencies...
You must have had an address for him to serve the court papers? They have to be served to him personally surely?
she's trying to offer 40 quid through the courts. I think she's just hiding her income though, she does after all own 3 flats.