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Evasive ex landlord!!!!

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  • Evasive ex landlord!!!!

    Hello

    Not sure if im in the right place. I seem to post in forums for people who owe money where as I am the one who is owed. Apologies if im on the wrong site!

    ok well here goes...
    In 2005 I was unlawfully evicted from my flat by my landlord who changed the locks on me without good reason or notice. I took the matter through the courts and was awarded a sum of money for damages. The sum was awarded to me in 2006. Since then I have taken steps to recover this money which include:

    Order for questioning whereby landlord is to declare assets to the courts (he did not turn up)

    Third party order (bank said he had no money to give)

    Baillifs (was told he kept avoiding them)

    I am now 6 years down the line and am no closer to getting what im owed! I have googled him and I know he is a property investor who has various properties in the docklands. He is able to pay me however he is an arrogant indidvidual who does not believe he did wrong or is liable for the damage he caused!

    I am now considering filing a statutory demand against him and following through with a bankruptcy however i do not want to waste money on this route if the debt has now become statute barred!

    Can anybody tell me if the debt is statute barred? He has never acknowledged the debt he just keeps giving me the run around but its not like im just popping up from nowhere i have TRIED in the last six years to recover what im owed.

    Am I flogging a dead horse here? Im so fed up with this especially as hes all over linkedin boasting how much money he has!

    Thanks in advance!

    P.s Fyi (it is very possible that i may just be teetering on the 6 year mark as im sure i obtained the judgement in december of 06 which means its not quite 6 years yet but cant be sure!)


    Tags: None

  • #2
    Re: Evasive ex landlord!!!!

    If it's over 6 years and he hasn't had ANY contact I guess it's statute barred...others may confirm this ? Did you send anything recorded delivery or has there been any document which would hint that he acknowledged you about the debt during the past 6 years ?

    Comment


    • #3
      Re: Evasive ex landlord!!!!

      1. What is the date of the Judgement ?

      2. Unlawful Eviction is a criminal as well as a civil matter, there is n limitation in respect of criminal proceedings.

      Comment


      • #4
        Re: Evasive ex landlord!!!!

        Hi I was just digging through my papers and found that he requested the warrent of execution be suspended in 2010. His request was denied. Surely if he is asking for the warrent to be suspended that can be classed as acknowledgement? After all why would you want to postpone action on something for which you believe you are not liable! Does this count as acknowledgement?

        The ccj was obtained in November 2006 so either I have two months to sort this or 4 years if the clock was reset in 2010 assuming his action is classed as acceptance of the debt. Please can somebody confirm which time applies.

        Thank you very much for your responses.

        Comment


        • #5
          Re: Evasive ex landlord!!!!

          To err on the safe sided, assume the sooner date and issue a Statutory Demand without delay if the amount owed to you exceeds £750.

          In your position my goal would be to get a charging order against one of his properties and to register a Caution Against Dealing with the Land Registry in repsect of this, unless he pays in full.

          I would also send details of his conduct and the judgement against him to Trading Standards of any Borough / Council where he lets property, in case they wnat to take any action against him in respect of the unlaful eviction.

          Comment


          • #6
            Re: Evasive ex landlord!!!!

            Yes im going to issue the statutory demand to be as you say on the safe side. I do wish i had more time though because I havent actually got the £700 required to bankrupt him so im hopin he dosen't call my bluff! most people would just pay up from the time they recieve such a demand as they dont want to risk it but as i said this man is arrogant so he may well call my bluff!The amount is for 4k so im really not going to let this go cos as a struggling single parent that money could do so much for my baby. Thank you for your advice!

            Comment


            • #7
              Re: Evasive ex landlord!!!!

              Can you claim exemption or reduction from court fees using form EX160 ?

              Comment


              • #8
                Re: Evasive ex landlord!!!!

                I can't help with the legalities, but Springer & Jax seem to have that well sorted. I have used the EX160 form many times, though. There is - believe - an EX160A advice sheet. Check it out.

                Comment


                • #9
                  Re: Evasive ex landlord!!!!

                  It may be lablled as 'guidance notes' or similar on www.hmcs.gov.uk

                  Comment


                  • #10
                    Re: Evasive ex landlord!!!!

                    http://www.mensaid.com/documents/fl/ex160a.pdf

                    Comment


                    • #11
                      Re: Evasive ex landlord!!!!

                      Did you not consider transferring the debt to the High Court and using a High Court Enforcement Officer - they are a lot harder to evade than the County Court Bailiff!

                      Comment


                      • #12
                        Re: Evasive ex landlord!!!!

                        Hello

                        Thank you everyone for all your replies.

                        UPDATE:

                        5 days short of the 6 year time limit I served him with the statutory demand and he paid up!

                        I had to go to hi s house three times to catch him the last being 7 in the morning! True to form he tried to wriggle out of it and got his solicitor to send me some nonsense letter STILL denying the unlawful eviction and offering me a pathetic some of money hoping I would be grateful and disappear!

                        Ha! They didn't know who they were dealing with because I fired back the most eloquent and superior letter I could muster informing him that I WILL bankrupt him and politely telling him where to shove his "offer"

                        I received a cheque on my doormat the very next day just in time for christmas!:clap2::clap2::clap2::clap2:

                        Funny that considering he was pleading poverty in his first letter!

                        Its been six long years but im glad I followed this through to the end and even more so that I did not accept his "offer" (friends admitted they would have folded and took the money) Noel Edmunds style this was definatley a "no deal" situation! Just proves that sometimes in life you have to believe in yourself and go for what you want or in my case what im OWED!

                        Moral of the story: IF YOU KNOW YOU ARE RIGHT,STAND UP AND FIGHT!

                        Happy new year everyone!
                        Last edited by WildGooseChase; 8th January 2013, 23:53:PM.

                        Comment


                        • #13
                          Re: Evasive ex landlord!!!!

                          Very pleased to hear you got the result you wanted. I assume the cheque was not of the rubber variety?

                          Comment


                          • #14
                            Re: Evasive ex landlord!!!!

                            Well done!

                            Has the cheque cleared?

                            Comment


                            • #15
                              Re: Evasive ex landlord!!!!

                              lol! yes it has cleared. it was a solicitors "immediate" cheque from their account so no chance of bouncing mores the pity for him!

                              Only problem is the cheque may well have cleared but these bloody january sales are threatening to "clear" me out lol! battling to hang on to this money dont wanna
                              be foolish with it!

                              Im in the process of a new business startup so the money came at the right time. Its true what they say about good things coming to those that wait! so glad i ignored those that told me I would never get my money!

                              Comment

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