Debt collection agency card

lynneinjapan

We bought our house last year and rented it out to an elderly couple for a few months (through an agency) before moving in ourselves in July. They seemed like good tenants, paid the rent and kept the property in good condition, but seem to have left various unpaid bills.

EDF Energy are refusing to acknowledge that we have taken over the gas & electric bills because the ex-tenants have an outstanding balance and we are unable to send them proof that they have moved out. We have asked them to contact the agency, and asked the agency to contact them, but we still haven't had anything from EDF. We should be able to sort the issue with EDF by badgering the agent to provide us with some documentary proof of our having taken over occupancy, so I'm not too concerned about that, but I am a bit concerned about this...

Today we got a card through addressed to the tenant (who seems to have used two different surnames) and sent by PDRS Ltd, saying: "We have tried unsuccessfully to contact you. Therefore we have been instructed to arrange a call at your home and have assigned one of our representatives to try to contact you within the next 3 days." A quick Google suggests that PDRS stands for Pennine Debt Recovery Services.

The obvious thing to do is to call the number they have given (fortunately I should have time to do this tomorrow morning) and explain that the T~s have moved out, taking all their belongings with them, and that we have no connection with them other than as their former landlord. I can give them the agent's contact details but I don't have the debtor's. If someone comes to the door then what will they do? What can they legally do? Is it likely that I'll have to call the police to get rid of them?

And is all this likely to have a detrimental effect on our credit record? If so, is there something I can do to fix it?

latecomer

It shouldn't have any effect on you or your credit rating. I'd phone again and reiterate that they no longer live at your address and give them the details of the letting agents. There is lots of advice on some of the other boards - just search for debt collection agency.

DVardysShadow

Would not phone a DCA. They often tend, according to the DFW forum, to bully and demand money even if you are not the debtor. I would write, just the once.

lynneinjapan

OK, here's what I'm going to send them:

Sir/Madam

Re: Your card, ref. 9...6

Please note that the T~s (also known as the S~s) no longer live at this address. They rented the property for some months and moved out on July 5th, taking all their belongings with them. My husband and I no longer have any connection with them.

We do not have a forwarding address. If you want further information then you can try contacting the agent through whom the letting was arranged: [agent's details here]

I'm also keeping a copy of the letter close to the front door in case someone turns up on the doorstep. The plan is to hand it to them and tell them to go away, and threaten to call the police if they don't.

Hopefully that will do the trick!

tbs624

I would maybe alter the letter slightly by giving them the actual start and end dates of the tenancy and leaving out the sentence " My husband and I no longer have any connection with them."

muckybutt

If its debt collectors calling they have no legal rights of entry, should they place theire foot or hand in the door way then that is trespass, you are entitled to tell them to leave your property, if they dont then call the police and tell them you have intruders on your property.

If they are bailiffs then they can only enter your property with court warrent, you are still under no obligation to open the door to bailiffs unless they have a warrent, however then can and often do enter through open windows etc.

It might be worth while to go to your local county court and get a statutory declaration to the effect the previous tenants have moved on and that you are no relation to them, and do not know of any forwarding address.

lynneinjapan

Well, no further word from PDRS as yet... but last Wednesday we got a hand-delivered letter from a bailiff saying that if payment in full (of £1400-odd council tax owed by our ex-tenants' son) wasn't made within 24 hours then they'd come and remove goods to sell! I got on the phone pretty quick for that one, and am only glad that we weren't away for a couple of days when the note was delivered! The person I spoke to was fine about it and assured me that the warrant would be cancelled.

We've also asked the letting agent for a letter confirming that the tenants have moved out and that we are now living in the house. I think the bailiff's letter made them appreciate that there is a genuine need for this! Hadn't thought about the county court but that might be worth doing if the agent doesn't deliver.

keystone

lynneinjapan wrote: »

Well, no further word from PDRS as yet... but last Wednesday we got a hand-delivered letter from a bailiff ............................ The person I spoke to was fine about it and assured me that the warrant would be cancelled.

Bailiffs can only operate under an order from a court. Only the court can cancel the warrant. Where are the sealed court papers informing the occupants that action was being taken in the courts?

Cheers

DVardysShadow

You did take an opening reading on the meter when you moved in didn't you?

lynneinjapan

keystone wrote: »

Bailiffs can only operate under an order from a court. Only the court can cancel the warrant. Where are the sealed court papers informing the occupants that action was being taken in the courts?

Cheers

I don't know, presumably they were in the mail that we passed on to the ex-tenant when he clled round to pick it up. All mail for them is now being returned to sender, marked "GONE AWAY".

DVardysShadow wrote: »

You did take an opening reading on the meter when you moved in didn't you?

Yes, and informed the supplier (keeping a record ourselves too, of course). It was only when I contacted them a few weeks later - because we hadn't yet received a bill - that I was told they wouldn't change the name on the bills until they got proof that the previous occupants had moved out... which we couldn't provide. Need to pester the agent again I think.