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Another attachment of earnings obtained

After the stress of last week, I was not exactly looking forward to this week.

But, as always, I approach the new week with some level of optimism. You might find that hard to believe, but it is so. No point behaving like “Eeyore” even before the week starts, is there.

Anyway, we get to opening the post and it turns out to be quite a mixed bag. However, there was one piece of paper that brought a smile to my face and set the mood for the week. That piece of paper is an Attachment of Earnings Order granted by Boston County Court against an ex-tenant that was evicted.

This particular order is a culmination of over 1 year of trying to find this ex-tenant, who by his behaviour had stuck up two fingers at me, aided and abetted it would seem at the time, by the bureaucracy at the Local Authority. Not to mention the Judge that presided over the S8 hearing, who insisted on giving this tenant 28 days rather than 14 days to vacate the property.

Anyway, this tenant was working, and earning good money, and had no reason at all not to pay his rent, other than sheer bloody mindedness. After he had left the property and we went in to clean, we found phone account statements, and other documents including payslips, showing just how much he was earning. He even had an expensive blackberry, recently purchased at the time.

I tried to trace him, but he seemed to have vanished off the face of the earth. I even passed on the Possession Order paperwork to a High Court Sheriff who failed woefully, which was disappointing as he came very highly recommended.

Well, I figured he’d show up again in time, and he did, still in the same town. We heard through the grapevine that he was working with a well know firm. I called the HR department of the firm directly to ascertain that piece of information myself, but of course hit the “data protection act” excuse. Undeterred, I filled in the requisite court form N337, and promptly sent it off on 7-Sep-10 together with the Section 8 Possession Order (which included the money judgement) and the court fee. And waited.

Now, just under one month later, I have the results. I telephoned the Court to find out if the form he had filled in had been verified with a copy of his pay slip, but was told the Court does not ask for payslips!! So how can the Court verify that the debtor is giving the right information? The nice lady at the Enforcement office said “he’s signed the declaration”. It turns out that she had dealt with the case. The debtor offered to pay £10 week, she increased it to £20 per week, as she could see from his declaration that he could afford to pay more than he offered. This is one time when I will praise court officers…. thank you.

At the rate he has offered, and if he stays in his current employment it will take him just under 2 years to pay it all off. I can live with that, only because I’ve proved to him that he can run, but that he can’t hide from me forever, and I will always find him.

The fact that his payslip will always show the deductions being made by the Centralised Attachment of Earnings Payment Centre, means that he will be reminded every week, every month that his past will eventually catch up with him. He is definitely a candidate for the register being maintained by the Landlord Referencing Service.

The fact that I have taken steps to enforce the court judgement also means that the default will be recorded on his credit file – and he’s marked for the next 6 years.

Another victory for the Landlord.

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    Posted in Court and Justice, Post Eviction, Rent Arrears.

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