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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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I won a county court judgement again what would have been my

Customer Question

I won a county court judgement again what would have been my landlord in May last year. He was ordered to pay me £2175 (inc court costs). I received the judgement last June. I waited 6 months and still had no payment so I paid my local court (Swindon county court) £100 for the bailiffs to go to the landlords house. They tried visiting 3 times and no luck. I waited a further 4 months and then instructed the High Court Sheriffs - they tried 3 times and wrote to me to state that on their last visit someone came to the door, locked it from the inside and walked away.

I knew I would have trouble getting my money back but not to this extent - i'm at a loss and as a single mum with 2 babies, I really need that money back, i've been struggling financially since the ordeal that concluded the reason for going to court in the first place.

Any advice or information would be greatly appreciated, I can't afford to let it go but i'm struggling to fund further services to get it back. It's cost me £224 trying to get it back already!
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

An inexpensive way of putting pressure on the landlord to pay and finding out if he is solvent is to serve him with a statutory demand. This will put a huge amount of pressure on him, because if he does not pay within 21 days it can be used as proof of insolvency and you could commence bankruptcy proceedings against him. https://www.gov.uk/statutory-demands/overview

The only other alternative, but this will cost time and money, is to find out if he own his own property (which I suspect he might if he rented one to you) and seek a charging order over that property. That will secure the debt you are owed you can then seek an order for sale. The costs of doing this are recoverable but it is a slow process.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Hi AH=J,


 


Thanks for the advice. I sent him the statutory demand on 7th July by signed recorded delivery and I received notification that he received this 8th July.


 


What do I do now if he doesn't pay? I haven't heard anything yet and I have a copy of the paperwork I sent him as proof of the postage; would this suffice for evidence that I have issued this to him?


 


Sorry to ask so many questions - i'm not sure how to commence bankruptcy proceeding against him or how this will help to get my money back?


 


Kind regards


 


Charlotte

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Once you have served the stat demand you have to give him 21 days to respond.

It may be worth contacting him the mean time and asking if he wants to offer you a structure for repaying the money in instalments.

Kind regards

AJ

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