Problems with a debt collector not doing their job

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kduckworth63
kduckworth63 Posts: 5 Forumite
in Debt-free wannabe
Hi,

I am looking for some advice. My letting agent has employed a debt collector as my tenant has not been paying her rent. Everything has been done by the book and notice served and now we need to get a possession order. However the debt collection agency have been paid and have the money for the court fees since 18th August but they have still not served the papers in court. I cannot find any help on the internet regarding who regulates debt collectors.

Do debt collectors need a licence to operate I want to report the company but don't know who to.

Can anyone help me with any advice?
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  • sourcrates
    sourcrates Posts: 28,925 Ambassador
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    Hi,

    You usually have to engage a bailiff, not a debt collector.

    A company such as Rossendales, DCBL etc.

    Debt collection companies are the scum of the earth, a bailif is rated about one step higher.

    Which company is it you have paid ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • kduckworth63
    kduckworth63 Posts: 5 Forumite
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    The letting agency I use said they use them all the time. They worked with The Intrepid Group Ltd and did all the paperwork I then signed it and paid them. The chap keeps lying to me saying he has served the papers at court but hasn't given me a case number yet ans the courts cannot find my case.
    They must have to answer to someone?
  • sourcrates
    sourcrates Posts: 28,925 Ambassador
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    The financial ombudsman service would be the only weapon in your armoury.
    You would not normally take an individual to court for rent arrears via a 3rd party, your letting company can do it themselves, then escalate to the high court for enforcement.

    Seems a slap dash way to do Buisness to be honest.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,588 Forumite
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    Debt collection is a regulated activity, by the FCA

    I cannot see that they are registered

    https://register.fca.org.uk/

    Try contacting the FCA to see if they are perhaps authorised under a different name. but they should still be displaying an FRN number

    Complaints against them can be handled, as sourcrates says, by the FOS
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    You need to take control.
    The agent will skim off all and often more of the profit.
    As landlord you are principle, you need to take back control and sack all incompetent agents.
    If the rent is more than 2 months in areas serve an S8 notice.
    See here about the court forms

    http://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/

    Once you have sorted this, sack the agents citing gross negligence of duty.

    If you can not manage the property yourself, sell it, you will lose money.
    I do Contracts, all day every day.
  • kduckworth63
    kduckworth63 Posts: 5 Forumite
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    Thanks you sourcrates, fatbelly and Marktheshark

    This is all very useful information for me. :-)
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    The main issue is you do not know if any of these agents have even served an s8 notice.
    This means someone is living in your house rent free until it is.

    Think of it as a leak and serving an S8 is turning the water off.

    Deal with the agents later, first stop the loss, take control and get the !!!!!!!!!! out of your house.
    I do Contracts, all day every day.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi

    Business Debtline can advise landlords on recovering money owed, so give them a call.

    www.businessdebtline.org

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • fatbelly
    fatbelly Posts: 20,588 Forumite
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    Marktheshark wrote: »
    The main issue is you do not know if any of these agents have even served an s8 notice.
    This means someone is living in your house rent free until it is.

    Think of it as a leak and serving an S8 is turning the water off.

    Deal with the agents later, first stop the loss, take control and get the !!!!!!!!!! out of your house.

    Hi Mark

    The op says they the notice (could be s8 or s21) has been served - but the court process not started.

    I agree with you that it's best to take control of the process yourself - it's not difficult.

    https://www.gov.uk/evicting-tenants/overview
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Rent arrears can be dealt with in court at the same time as the eviction order if the Section 8 route is used.
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