Unpaid bill - can i take out of deposit

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    Unpaid bill - can i take out of deposit

    Hi

    My friend moved out of her property and began renting it out year ago. The contract etc was all handled by a letting agency. When she moved out she cancelled Sky phone line etc, turns out 6 months down line that sky never disconnected phone line and the tenants have run up a £500 phone bill full of international calls. They told my friend as thea ccount was still in her name she had to pay, she explained that she did not occupy the property and that she had spoken to sky at the time to cancel the setup which they had not done. They then cut off her sky at her new property and she felt forced to pay the bill. Problem now is tenants are denying all knowledge of these calls, despite the fact they were made during their occupancy. Bottom line is can my friend take this bill money out of their deposit. As money is in a scheme does this have to be logged to the scheme and should this be handled by the agent. The agents are proving incompetent saying they are not sure what to do!!!!! My understanding is that you have to log with scheme as the tenant has to agree to the amount being paid back in order for funds to be released whoever they are paid to in which case legally is my friend likely to win. The contract obviously proves they occupied property at time of these calls, but bill my friends name.

    #2
    Can you edit your post to include paragraphs?

    What does the tenancy agreement say with regards to how the deposit can be used?

    Has your friend called any of the numbers on the phone bill to find out who made them? I would try and get it sorted before it came to them wanting their deposit back.

    How was your friend paying Sky? I thought they did monthly direct debit.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by mcvelia View Post
      Hi

      My friend moved out of her property and began renting it out year ago. The contract etc was all handled by a letting agency. When she moved out she cancelled Sky phone line etc, turns out 6 months down line that sky never disconnected phone line and the tenants have run up a £500 phone bill full of international calls. They told my friend as thea ccount was still in her name she had to pay, she explained that she did not occupy the property and that she had spoken to sky at the time to cancel the setup which they had not done. They then cut off her sky at her new property and she felt forced to pay the bill. Problem now is tenants are denying all knowledge of these calls, despite the fact they were made during their occupancy. Bottom line is can my friend take this bill money out of their deposit. As money is in a scheme does this have to be logged to the scheme and should this be handled by the agent. The agents are proving incompetent saying they are not sure what to do!!!!! My understanding is that you have to log with scheme as the tenant has to agree to the amount being paid back in order for funds to be released whoever they are paid to in which case legally is my friend likely to win. The contract obviously proves they occupied property at time of these calls, but bill my friends name.
      I am not a lawyer, but a common sense analysis says that this is a separate matter from the tenancy agreement (and therefore deposit), and I'm fairly confident that any of the schemes would agree.

      With that in mind, I would forget the notion of trying to claim the money out of the deposit at the end of the tenancy immediately

      My view is that this falls under the remit of fraud or type of theft. I would immediately go about making a claim via the small claims court process (it can be started online, very conveniently). I think if enough paperwork can be provided to show that the calls were made from the property during the during of the tenancy then I can see no reason, in principle, why your friend can't be successful in getting a court order.

      I would however question Sky very deeply as to why the phone wasn't cut off as it was claimed it should be. To this end, I suggest your friend immediately lodge a written complaint with Sky indicating

      Your friend may also need to justify a.) why she didn't act earlier when she didn't receive a final notice of termination from Sky for the service, and b.) why she didn't see a bill earlier (because presumably Sky have been sending one each month). In addition, what kind of payment relationship did your friend previously have with Sky. I ask because Sky usually insist on Direct Debit, and as such what happened to that? Did Sky actually cancel the Direct Debit? Surely that would be an indication that Sky ended the service (at least in part) on their system. If that can be demonstrated sufficiently to Sky that they've messed up then the phone calls are the responsibility of Sky to collect, not your friends. By what mechanism did your friend terminate the service with Sky? Was it by telephone? I think Sky record all their calls, you could include that fact in the complaint your friend will write to them as more ammunition.

      There are a few key details missing here, and that concerns me when trying to give you useful answers; please try to fill in the gaps a bit more.

      Comment


        #4
        Originally posted by mcvelia View Post
        Hi

        My friend moved out of her property and began renting it out year ago. The contract etc was all handled by a letting agency. When she moved out she cancelled Sky How long had she been paying for Sky? How did she cancel Sky, telephone calls are recorded? phone line etc, turns out 6 months down line that sky never disconnected phone line and the tenants have run up a £500 phone bill full of international calls And presumably Sky have been debiting her bank account? They told my friend as thea ccount was still in her name she had to pay Sky would say that but it's not quite as simple as that. Your friend is the easy target for funds., she explained that she did not occupy the property and that she had spoken to sky at the time to cancel the setup which they had not done. How long did she have Sky at the new property before this came to light? Was she paying 2 lots of subscription? They then cut off her sky at her new property and she felt forced to pay the bill. Problem now is tenants are denying all knowledge of these calls, despite the fact they were made during their occupancy. Not the same as proving that the T made the calls. Bottom line is can my friend take this bill money out of their deposit. As money is in a scheme does this have to be logged to the scheme and should this be handled by the agent. The agents are proving incompetent saying they are not sure what to do!!!!! My understanding is that you have to log with scheme as the tenant has to agree to the amount being paid back in order for funds to be released whoever they are paid to in which case legally is my friend likely to win. The contract obviously proves they occupied property at time of these calls, but bill my friends name.
        Assuming that the facts are as presented by you here and that your "friend" did cancel her Sky subscription and that she was not held by any minumum term etc she has a dispute with Sky. If she cancelled by telephone she can request a transcript and a recording of the call. If Sky have continued to debit her account for the last 6 months she may find it awkward to explain why she has not deal with the issue before now. That does not mean she could not win the claim. I had a similar issue, not with Sky, and won.

        pm
        Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

        Comment


          #5
          [QUOTE=silverbak;213535]I am not a lawyer, but a common sense analysis says that this is a separate matter from the tenancy agreement (and therefore deposit), and I'm fairly confident that any of the schemes would agree.

          With that in mind, I would forget the notion of trying to claim the money out of the deposit at the end of the tenancy immediately

          My view is that this falls under the remit of fraud Where is there evidence of fraud at this stage. or type of theft What type of theft? (Criminal law). I would immediately go about making a claim via the small claims court process (Civil law) (it can be started online, very conveniently). Do you not have to name someone in the claim? I think if enough paperwork can be provided to show that the calls were made from the property during the during of the tenancy then I can see no reason, in principle, why your friend can't be successful in getting a court order. Against who, and for what?

          I would however question Sky very deeply as to why the phone wasn't cut off as it was claimed it should be. To this end, I suggest your friend immediately lodge a written complaint with Sky indicating

          Your friend may also need to justify a.) why she didn't act earlier when she didn't receive a final notice of termination from Sky for the service, and b.) why she didn't see a bill earlier (because presumably Sky have been sending one each month). In addition, what kind of payment relationship did your friend previously have with Sky. I ask because Sky usually insist on Direct Debit, and as such what happened to that? Did Sky actually cancel the Direct Debit? Surely that would be an indication that Sky ended the service (at least in part) on their system. If that can be demonstrated sufficiently to Sky that they've messed up then the phone calls are the responsibility of Sky to collect, not your friends. By what mechanism did your friend terminate the service with Sky? Was it by telephone? I think Sky record all their calls, you could include that fact in the complaint your friend will write to them as more ammunition.

          There are a few actually there is a lot of information or key details missing here, and that concerns me when trying to give you useful answers; please try to fill in the gaps a bit more.

          pm
          Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

          Comment


            #6
            Hi
            Thanks all for responses, will forward on.

            Comment

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