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| The independent answer to your debt problems | login join |
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beckyjane
| 06-03-2008 11:02 AM |
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Joined: 06 Mar 2008 Posts: 5 | At the beginning of January i got an email from an ex-landlord (from about 6 years ago). I was living in his property whilst at University, with my ex boyfriend. Anyhow, in Dec 2001 my brother died and i also had an operation, i dropped out of uni as i was suffering from shock and depression from my brother's death and also getting over my op! So in the January 2002 my boyfriend and me moved back to essex. My boyfriend told me that he had sorted everything with the landlord. Anyhow 6-7 years later i receive this email saying that I owe him £600 and i had until the end of January 2008 to pay it. Obviously i was rather shocked to hear i owed him £600 and i had not received anything from him since moving back to Essex. he says he sent the letter to my parents address (they know longer live there though). Anyhow i stated that he needs to get in contact with my ex boyfriend as well, as he lived with me, and told me this had been settled. I do not speak to the ex and as far as i know he has moved back to Wales. I have no contact information, we split up shortly after moving to Essex. Anyway I told the landlord that i was willing to pay half of the monies, at £20 a month as I don't have much money. He has said he is not willing to accept, and is taking it further. I am now waiting to hear from his legal representative. He emailed me yesterday and said they are just putting the relevant paperwork into place and will be in touch. Also how can i afford to get married at ***** ***** Golf Club as it must be expensive! I replied that I am no longer getting married (which I am not, this was cancelled last year) and where is he getting this information from? I have not had a response as yet. I am really worried about this. Does anyone know what he can legally do? I have offered to fill out a budget plan so he can see how much i earn and how much i can afford, but he will not except this. Please can anyone help? thankyou |
| paladin | 06-03-2008 12:42 PM |
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Joined: 06 Jun 2007 Posts: 55 My Profile | Hi beckyjane I am really sorry to hear about your brother it must have been a really hard time for you. I know from personal experience that you never get over these things, you just find coping mechanisms. Your ex-land lord has certainly been dragging his feet, 6-7 years to chase up a debt you may or may not owe is farcical. Where do you live, Scotland or England/Wales? The reason I want to know is that the debt, if older than 6 years England or 5 years in Scotland may be statute-barred. If it does, you will not be held liable for any debts. However, this is may dependent on when you admitted to the debt. You said that you have informed the landlord that you are willing to pay the debt, when did you do this and in what form, email, telephone? Has the landlord provided proof of the debt and what does the debt relate to. Which names were on the tenancy agreement? Post back with answers and we will try and sort out this landlord. P |
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beckyjane
| 06-03-2008 01:15 PM |
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Joined: 06 Mar 2008 Posts: 5 | thank you P, it was hard, brother was only 20 as well, the landlord contacted me on the 20th December. I replied the same day. I then replied on the 3rd with this: ---------------------------------------------------------------------------------- As said before **** (my ex) told me this was settled. I will agree to pay £300 off at £20 per month, this is all i can afford. You can go through my work that is not a problem, I will not be threatened. According to me this was dealt with 6 years ago and I am going by what I was told! I will still look into my rights. If you could scan in and fax any relevant stuff to me. I will not be giving out any of my personal details. ---------------------------------------------------------------------------------- to which he replied: have handed this over to my legal advisor to take this through the appropriate channels I understand they have to put various paper work in place to take the matter further. They have advised me this can take time although hopefully we can get to court sooner, rather than later. I want this cleared up as soon as possible. I have asked about your offer of paying off £600.00 at £20.00 a month but they have advised me this will take to long ( Two and a half years) This of course can be resolved very quickly by paying the £600.00 owed and save the extra costs involved and the stress it is causing you. -------------------------------------------------------------------------- |
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beckyjane
| 06-03-2008 01:16 PM |
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Joined: 06 Mar 2008 Posts: 5 | p.s. the landlord has sent me nothing as yet. And first contact was made in December, so he has taken it further without actually issuing me with anything. |
| paladin | 06-03-2008 01:46 PM |
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Joined: 06 Jun 2007 Posts: 55 My Profile | becky Do you know what date the debt refers to? Do you think that the debt is statute barred? Did you sign the tenancy agreement? He has said he will take it further, what evidence do you have that he has taken it further. Court action will be more stressful for the landlord, he'll have to pay solicitor fees etc. All you do is turn up and either deny the debt or admit it and arrange for payment. P |
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beckyjane
| 06-03-2008 01:51 PM |
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Joined: 06 Mar 2008 Posts: 5 | I cannot remember the date i left the property, i know it was the beginning of 2002 probably January, as it was soon after my brothers funeral, which was on the 3rd January 2002. I think i did sign the tenancy agreement, so long ago, I am sure I would of though, but he hasn't sent any of these documents. I can only go by his word that he has taken it further, when he emailed me yesterday he said the paperwork is nearly finalised and i should hear from his legal representative in the next few weeks! I don't think he has my address although he says he does, i have never given it to him. Thank you for your help. |
| paladin | 06-03-2008 03:54 PM |
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Joined: 06 Jun 2007 Posts: 55 My Profile | Becky To be able to take you to court firstly the landlord will have to trace you. It's not as hard as you may think, next he will have to try and show signs that he has tried to remedy the situation. Of equal importance he has to prove that firstly you owe him money, that the liability is solely yours and not shared between you and your ex and finally prove that amount of debt is accurate ie what the debt relates to. I would wait and see what happens. If he finds and send court papers I you should speak to a lawyer. Some Citizen Advice Bureaux offer free legal advice from lawyers. Hope this helps, try not to worry, too much! P |
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beckyjane
| 06-03-2008 03:59 PM |
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Joined: 06 Mar 2008 Posts: 5 | thank you P, i will keep you updated. You have eased the stressfulness of it a little. thank you |
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helper
| 23-06-2008 09:47 PM |
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Joined: 23 Jun 2008 Posts: 1 | Personally I would have not replied to the email and it is a shame that you have. My advice is simple: hold your ground. The worst case scenario is that the landlord will take you court. If this does happen, the landlord will need to prove that 1) you owe him the money and 2) that the debt is now not barred. With regard to your ex-landlord suggesting that he has passed the matter onto legal advisors is just laughable - I bet you he hasn't. Eitherway if it did end up in Court - and I doubt it - then you will be better off as the debt will be judged fairly, as well as your liabilities to pay it. In terms of legal fees his side, they will be very small. He simply can not charge them, it doesn't work that way. So my advice is as follows. If you want to pay the debt then ask him to first document what you owe and then offer him something small, which you can afford - there is nothing wrong with £10 per month if that is what you can afford. If he rejects this then PLEASE do take my advise and let him take you to court. Don't be bullied by any creditor. Edited by DWG - formatting |
| DW George | 24-06-2008 11:15 AM |
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Joined: 01 May 2007 Posts: 148 My Profile | Great advice Helper and welcome. A bit of an old thread but the advice you have given is applicable to anyone in similar circumstances. I hope everything worked out for you beckyjane. DWG |
