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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hello, I had tenents in a house i own, they did not pay

Customer Question

Hello,

I had tenents in a house i own, they did not pay rent for 6 months and refused to move out. After taking them to court i was issued with a Order for possession.

After several months the tenents have moved out with no forwarding address.

However in the Order for possession the defendant was awarded to pay me £9850.00 as well as court fees of £175.00.

The issue i have is, the tenenant has moved on, i have a bank account for them, but no current address. How do i recover the costs awarded to me in court?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

Have you tried online searches and perhaps issuing an enquiry agent to try and locate the defendants or any other means of trying to locate them?

JACUSTOMER-q6t20m02- :

yes i have tried on line searches but the tenants are not permanent residents

JACUSTOMER-q6t20m02- :

i dont know how to find them

JACUSTOMER-q6t20m02- :

i only have business bank account that the tenant had with HSBC

tdlawyer :

Have you tried online searches? Using things like 192.com?

JACUSTOMER-q6t20m02- :

yes.....he is not appearing

JACUSTOMER-q6t20m02- :

as he is moved to another rental i suspect

JACUSTOMER-q6t20m02- :

what should i do

JACUSTOMER-q6t20m02- :

as its a lot of money to recover

tdlawyer :

Okay. Then if you have carried out reasonable searches to try and locate them, you can ask the Court for permission to serve the papers on them in a different way.

tdlawyer :

Do you know whether they're on Facebook or LinkedIn or something like that?

tdlawyer :

Do you have an email address for them?

JACUSTOMER-q6t20m02- :

no hes not

JACUSTOMER-q6t20m02- :

hes a labourer

JACUSTOMER-q6t20m02- :

and i guess hes set up his own building businesss

JACUSTOMER-q6t20m02- :

he is not on any social media

JACUSTOMER-q6t20m02- :

how do i ask the courts....what documents....applications do i make

tdlawyer :

Okay. Then I would suggest you consider asking the Court for permission to serve papers on them by advertising in the local paper.

JACUSTOMER-q6t20m02- :

Silly question.....how do i approach the courts....

tdlawyer :

However, before doing that, you could seek to issue an enforcement against them by what is called a "This Party Debt Order".

JACUSTOMER-q6t20m02- :

and what papers do i servce

tdlawyer :

This would allow you to take money from their bank account to satisfy your judgment debt.

JACUSTOMER-q6t20m02- :

*serve

JACUSTOMER-q6t20m02- :

i kind of need a detailed answer please......sorry to be a pain

JACUSTOMER-q6t20m02- :

okay....great

JACUSTOMER-q6t20m02- :

i wil try This Party Debt Order"

tdlawyer :

That's fine .... I will tell you whatever you want to know.

tdlawyer :

Here is a link to the detailed information on Third Party Debt Orders" http://www.moneyclaimsuk.co.uk/PDFForms/EX325.pdf

JACUSTOMER-q6t20m02- :

thanks......

JACUSTOMER-q6t20m02- :

and for the court order

tdlawyer :

This order will allow you to take money from his bank account without him having a say. It will mean that the bank will also reveal the amount in his bank account.

JACUSTOMER-q6t20m02- :

for the court order....what the process

tdlawyer :

Have a look at the link I gave you, it gives you a step by step guide on what to do. It's a great resource.

tdlawyer :

I'll answer any questions you have on it.

JACUSTOMER-q6t20m02- :

okay.....even though i dont know his address

JACUSTOMER-q6t20m02- :

thanks

JACUSTOMER-q6t20m02- :

will try

tdlawyer :

Basically, though, you complete Form N349 and sent to the Court with the fee.

tdlawyer :

Here is Form N349: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=573

tdlawyer :

Is there anything else I can assist with?