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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have taken a guarantor tenant to court over non payment

Resolved Question:

I have taken a guarantor for a tenant to court over non payment of rent and judgement was entered against the guarantor (defendant) on the 5th February 2015. The total amount owed was £2482.60 but I asked for installments of £500.00.
The guarantor has failed to pay anything to us. I now want to issue a warrant but am unsure if I can only claim £1500.00 (3 x installments) or if I can issue a warrant for the full amount owed of £2482.60.
Can you advise? I am using the money claim online system in order to achieve this.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm that the installments were provided for in the court order please and that the first three installments have been missed?
Customer: replied 2 years ago.

We just received:-

In the County Court Business Centre

To the claimant:-

In accordance with your request, judgment was entered against the Defendant on the 05 February 2015.

it did not say anything about the installments but this was the plan that is shown on the money claim online website.

Expert:  Joshua replied 2 years ago.
Thanks so to be clear the court order simply states as above but you made a proposal for the installment plan in your claim application - is that correct?
Customer: replied 2 years ago.

Yes that is correct.

Expert:  Joshua replied 2 years ago.
Thank you. because the judgement debtor has failed to comply with the instalment plan proposed, they are in breach of the court order and the entire judgement balance together with interest at 8% per annum under section 69 County Courts act is payable. You can either seek enforcement action on the whole amount due by way of a warrant of control appointing bailiffs High Court enforcement officers-the latter of which can be more effective-altogether enforcement measures such as deduction against earnings and so on. You are not limited to the first few instalments that have gone unpaid in the circumstances. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 2 years ago.

Thats excellent,thank you for your help.