Using Debt Collection Agency for unpaid rent

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    #61
    • Was it an AST and if so, was the deposit protected? - it sounds like it but just checking...
    • Can you prove the T caused the damage? - did you have an inventory carried out at commencement of tenancy?
    • You say "they have simply ran off with forwarding address" - do you mean they gave you a valid forwarding address which is their new residential address?
    • Is T employed, and do you know their employer details?

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      #62
      Originally posted by westminster View Post
      • Was it an AST and if so, was the deposit protected? - it sounds like it but just checking...
      • Can you prove the T caused the damage? - did you have an inventory carried out at commencement of tenancy?
      • You say "they have simply ran off with forwarding address" - do you mean they gave you a valid forwarding address which is their new residential address?
      • Is T employed, and do you know their employer details?
      the AST had ran out so was in a periodic, no notice was actually given, just the T saying by text they were hopin to move out an such an such date, which was fine by me as wanted shot, despite trying i never got anything signed from them as they simply avoided me at all costs, even the changeover never happened as i simply got a text saying house is empty and keys through the door. she prob didnt want to meet as I would have noticed the state of the place. deposit is protected and agent trying to contact T but so far with no luck, now trying their bank, hopefully i will get eventually.

      the inventory was carried out and left with T to sign on moving in, but they didnt pay rent from day one so they avoided me at all costs tbh and although got most of rent it was through bank or meets with her boyfriend etc and never at the house, I'm afraid no inventory was recovered. The things I can prove with witness statements from neighbours if necessary was that she had cats in the house which was against the terms and without my consent, the biggest damage is the lounge carpet having to be completly replaced due to heavy cat urine, professional cleaning did not fix it and as last resort had to replace. other things such as damage to kitchen cushion floor and damaged blinds I guess without the inventory would be difficult to prove, but of course I will ahve receipts to prove they have been replaced.

      Sorry typo! they have ran off with NO forwarding address, just left with a lot of unpaid bills, and they think that as long as i dont know where they live then stuff me kind of thing.

      I know they work for an agency and where too. was hoping to use that info to track down where she has moved to, bit detective work!

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        #63
        any more thoughts westminster?

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          #64
          Originally posted by tubbs View Post
          deposit is protected and agent trying to contact T but so far with no luck, now trying their bank, hopefully i will get eventually.
          When you claim back the deposit from the protection scheme, include the unpaid rent in the claim as that much is 100% provable.

          the inventory was carried out and left with T to sign on moving in, but they didnt pay rent from day one so they avoided me at all costs tbh and although got most of rent it was through bank or meets with her boyfriend etc and never at the house, I'm afraid no inventory was recovered.
          Was the inventory carried out by a professional inventory firm, with photos? If so, the signature of the tenant is less crucial.

          The things I can prove with witness statements from neighbours if necessary was that she had cats in the house which was against the terms and without my consent, the biggest damage is the lounge carpet having to be completly replaced due to heavy cat urine, professional cleaning did not fix it and as last resort had to replace.
          You may have enough evidence to show replacement was necessary. You'd need the carpet cleaners to confirm it was not cleanable. However, you couldn't claim 100% value of the replacement, as the carpet was not new in the first place. You would need to claim for the remaining life of the carpet - so, for example, if it was 2.5 years old, and you'd normally expect to have to replace it after 5 years, then claim for 50% of the cost of replacement.

          other things such as damage to kitchen cushion floor and damaged blinds I guess without the inventory would be difficult to prove, but of course I will ahve receipts to prove they have been replaced.
          Proof of replacement is not proof that T damaged them.

          Sorry typo! they have ran off with NO forwarding address, just left with a lot of unpaid bills, and they think that as long as i dont know where they live then stuff me kind of thing.
          Any unpaid utility bills are not your responsibility. If the T didn't put the accounts in their name, send a copy of the tenancy agreement to the utilities company to prove T's liability.

          I know they work for an agency and where too. was hoping to use that info to track down where she has moved to, bit detective work!
          With agency details and bank details, this should be sufficient for a tracing agency to find them. If you serve a claim on T, it must be sent to their current residential address. Alternatively, it may be served in person (i.e. handed to them) by a process server if you know where the T is likely to be.

          In answer to your original question, is it worth it for £560? Yes, but only if you can prove the liability for the damage (and it's not certain you can), and the T is employed. When it comes to enforcement, they can be ordered to pay in installments, or have the installments deducted from their wages.

          You don't need a solicitor to issue a claim. If you obtain T's residential address, firstly send T a letter before action, advising her she owes £x and has X days to pay. Then, after X days pass without payment, you can issue a claim online at https://www.moneyclaim.gov.uk/csmco2/index.jsp
          (the online form is tiny, so just give concise details of dates of tenancy, breakdown of rent owed & cost of damage. you get the opportunity to give full details later in proceedings. court fee can be added to the claim).

          It may be worth buying a book on the small claims track procedure, like this - even if you don't issue a claim this time, it's worth knowing how it works.

          Comment


            #65
            iv just gone thru the small claims procedure and then paid for baylifs, complete waste of time. all the ex tenant has to do is not answer the door and the baylifs reports "unable to contact at address"

            waste of time & money

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              #66
              Is former T in postion to pay when you do track them down or "man of straw"?

              If they any assets or income then go get it if not, still go get it you can keep chasing for 6 yrs min!
              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
              W.Churchill

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                #67
                does a small claim award last for 6 years?

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                  #68
                  For any contract, the Limitation Act 1980 period is six years from the cause of action (i.e. from when the right to sue arose).
                  I imagine that this applies to enforcement of a Court Order too, unless the CPR provide otherwise.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                    #69
                    I have come to the conculsion that if tenants are going to pay, it would done before a CCJ is issued which is obviously before the bailiffs stage. Once the bailiffs are brought in forget it, the tenant has the CCJ and has nothing more to lose. They simply hide behind close doors and the courts let them win.

                    Taking it a stage further ie. to gain employment details and an attachment of earnings, this could be fiddly and maybe the tenant hasn't got any money anyway in which case the courts let them win again by paying you next to nothing monthly. This then collapses if the tenants changes employment.

                    Using private debt collectors is no better either, I sent mine 10 debts to chase and months later they have also shown to be powerless.

                    I suppose the best way is to check potential tenants thoroughly and to avoid the parasites in the first place.

                    Comment


                      #70
                      Debt Collection Agency

                      Sadly in the last 6 months Ive had two flats not pay rent. Ive done the Court thing and the good news is that my flats have been vacated.

                      The whole thing has made me ill and I now need to get a third party to collect (or try to collect) the money owed to me.

                      Can anyone recommend a good debt collection agency or solicitor in the Bournemouth area? Ideally one on a no win no fee basis.

                      Julie

                      Comment


                        #71
                        Solicitors: try Lester Aldridge (01202-786161 or http://www.lesteraldridge.com).
                        Ask for Sarah Brown, with whom I've dealt satisfactorily on various transactions. Her e-mail address is sarah.brown@LA-law.com.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #72
                          Originally posted by Ash1 View Post
                          Sadly in the last 6 months Ive had two flats not pay rent. Ive done the Court thing and the good news is that my flats have been vacated.

                          The whole thing has made me ill and I now need to get a third party to collect (or try to collect) the money owed to me.

                          Can anyone recommend a good debt collection agency or solicitor in the Bournemouth area? Ideally one on a no win no fee basis.

                          Julie
                          I have dealt with, but never employed, a firm called "Jack Russell" who will do no-win-no-fee on certain jobs. Google them.

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                            #73
                            Thank you both, I shall check them out

                            Comment


                              #74
                              joe p

                              Has anyone had any dealings with debt colection firms as i;ve had a couple and they were not very succesfull as they seem to take your money then tell you that they have found them but canot do any more after telling you they will definitley can

                              Comment


                                #75
                                Originally posted by joe p View Post
                                Has anyone had any dealings with debt colection firms as i;ve had a couple and they were not very succesfull as they seem to take your money then tell you that they have found them but canot do any more after telling you they will definitley can
                                Any debt collection firm can only have real sucess with a court order for the debt - which they will charge you to get.

                                You can do exactly the same yourself and then use the court bailiffs to recover your money.

                                Comment

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