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  • FIRST POST
    • kduckworth63
    • By kduckworth63 13th Oct 16, 8:18 PM
    • 5Posts
    • 1Thanks
    kduckworth63
    Problems with a debt collector not doing their job
    • #1
    • 13th Oct 16, 8:18 PM
    Problems with a debt collector not doing their job 13th Oct 16 at 8:18 PM
    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?
Page 1
    • sourcrates
    • By sourcrates 13th Oct 16, 8:41 PM
    • 8,373 Posts
    • 8,205 Thanks
    sourcrates
    • #2
    • 13th Oct 16, 8:41 PM
    • #2
    • 13th Oct 16, 8:41 PM
    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 ?

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
    • kduckworth63
    • By kduckworth63 13th Oct 16, 8:46 PM
    • 5 Posts
    • 1 Thanks
    kduckworth63
    • #3
    • 13th Oct 16, 8:46 PM
    • #3
    • 13th Oct 16, 8:46 PM
    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
    • By sourcrates 13th Oct 16, 9:04 PM
    • 8,373 Posts
    • 8,205 Thanks
    sourcrates
    • #4
    • 13th Oct 16, 9:04 PM
    • #4
    • 13th Oct 16, 9:04 PM
    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.

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
    • fatbelly
    • By fatbelly 13th Oct 16, 9:42 PM
    • 10,089 Posts
    • 7,562 Thanks
    fatbelly
    • #5
    • 13th Oct 16, 9:42 PM
    • #5
    • 13th Oct 16, 9:42 PM
    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
    • By Marktheshark 13th Oct 16, 9:50 PM
    • 5,328 Posts
    • 6,676 Thanks
    Marktheshark
    • #6
    • 13th Oct 16, 9:50 PM
    • #6
    • 13th Oct 16, 9:50 PM
    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.
    Brexit will become whatever they invent it to be.
    • kduckworth63
    • By kduckworth63 13th Oct 16, 9:56 PM
    • 5 Posts
    • 1 Thanks
    kduckworth63
    • #7
    • 13th Oct 16, 9:56 PM
    • #7
    • 13th Oct 16, 9:56 PM
    Thanks you sourcrates, fatbelly and Marktheshark

    This is all very useful information for me. :-)
    • Marktheshark
    • By Marktheshark 13th Oct 16, 10:02 PM
    • 5,328 Posts
    • 6,676 Thanks
    Marktheshark
    • #8
    • 13th Oct 16, 10:02 PM
    • #8
    • 13th Oct 16, 10:02 PM
    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.
    Brexit will become whatever they invent it to be.
  • National Debtline
    • #9
    • 14th Oct 16, 11:08 AM
    • #9
    • 14th Oct 16, 11:08 AM
    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
    • By fatbelly 14th Oct 16, 11:15 AM
    • 10,089 Posts
    • 7,562 Thanks
    fatbelly
    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.
    Originally posted by Marktheshark
    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
    • By Pixie5740 14th Oct 16, 11:20 AM
    • 8,867 Posts
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    Pixie5740
    Rent arrears can be dealt with in court at the same time as the eviction order if the Section 8 route is used.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • fatbelly
    • By fatbelly 14th Oct 16, 12:36 PM
    • 10,089 Posts
    • 7,562 Thanks
    fatbelly
    Yes

    On the other hand, a s8 gives them an opportunity to defend the claim by paying back the arrears either completely or partially.

    If you definitely want the tenant out, a s21 is the better route - no defence if done properly.

    We don't know which one they used
    • Pixie5740
    • By Pixie5740 15th Oct 16, 8:01 AM
    • 8,867 Posts
    • 11,885 Thanks
    Pixie5740
    That depends on what ground(s) you issue a Section 8 using. A Section 21 would only be of use if the tenant was no longer in a fixed term or nearing the end of a fixed term. There are ways of defending against a Section 21 if the landlord (or an agent acting in his/her behalf) has messed up something like deposit protection.

    To be honest if I were the OP I would have lost faith in the letting agency since they have decided to use a debt collection agency (how much are they charging the OP for that privilege?) who have no real power rather than serving court papers and having the arrears dealt with in court after which a bailiff who does actually have some power can pursue the tenant for arrears.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Marktheshark
    • By Marktheshark 19th Oct 16, 10:03 AM
    • 5,328 Posts
    • 6,676 Thanks
    Marktheshark
    The OP would have had to sign the S8 themselves, however even so they will not know if it has been served, the agent may be lying.

    I would be looking to draw a redline underneath both the incompetent agent and the tenant who thinks they can live rent free.

    The agent would be sacked and a S8 served on the tenant by the landlord after a door visit just to make sure they are not paying the agent who is pulling a fast one, they may have repair issues the agent is not dealing with, introduce yourself as the landlord, if it goes badly serve the S8.

    If the tenant can pay, take the rent and arrears directly from them and give them a receipt and standing order details.
    Brexit will become whatever they invent it to be.
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