Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

By Jazz85
#305803 Hello,

I appreciate that many people on this forum are in search of answers to the problem of them owing money however I am on the opposite side of the fence!

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?

Thanks in advance!
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By TalbotWoods
#305813 Hi and welcome.

I do appreciate that at this is a frustrating situation, but as you have identified this is a forum for people who are in search of answers to the problem of them owing money.

Accordingly we are not directly able to assist you, however, I would recommend a site called Legal Beagles who will be able to assist you, they can be found at http://legalbeagles.info/ then go to their forum.

However, I do know that if you are mooting a Statutory Demand, that unless he successfully gets it rejected, then the court will normally find in your favour. It is also a route where if funds are available the debtor will pay up, especially in the commercial world, as all his properties would be at risk.

As to whether the debt is barred, you have taken action within the 6 years, such as requested oral hearings, and bailiffs which he has avoided, and these are actions which a judge will often accept as being bona fida attempts at collecting, so will allow the action, BUT you will need to prove you ave attempted the action and he has avoided them.

What you do need to be aware of though is if he already has significant debts, and you do bankrupt him, you may well end up with nothing, as any assets may well not cover the fees for the OR and Trustees.
By Jazz85
#305823 Yes I thought that i maybe posting in the wrong place but wasnt sure! Couldnt find any answers online. Apologies if any offence caused and thank you for your response!

Take care
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By TalbotWoods
#305843 No offence caused

As I say give Legal Beagles a visit they will be able to advise more closely than we could ever get close to.

But if you do proceed (and remember us) can you let us know how you get on, as there are members here who will have been ripped off by unscrupulous landlords in the same way you have been.
By Jazz85
#306093 Hi

I have posted in leaglebeagles and have got no answer!
You in fact have been most helpful so thank you very much. I have just rang the courts and I am 2 months within the 6 year limit which like you say dosent matter anyhow because I have tried to get the money plus it is definatley a ccj which I am told is indefinate so Good news!

This man is a pompus *** who is all over linked-in boasting how much money he has which is infuriating me no end! He has properties coming out of his ears despite the ccj! I am now on a mission.... I WILL recover what he owes me and he WILL pay up! The wild goose chase stops now!

I am definatly going to update you within the next few months! Hopefully I will have a good end to my story to inspire others not to give up and be taken for a ride!

Goodbye for now! :)
By simont23
#306103 Your landlord may have millions, own loads of property, own lots of things. The problem you may have, is none of it will be in his name so you are on a long journey to nowhere. You could go on keep spending money and stressing yourself, all to no avail. It seems that this person has no intention of paying you.

TW is right, Legal Beagles is a very good website but I fear your chances of getting paid are very slim when dealing with a professional rogue who will actually get pleasure from seeing you spend more and more.

Sad as it is, for the sake of your health, it might be time to move on.