Please help! Debt collectors LCS

louisel17

Hi,
Just wondering if anyone could help me.

I'm a student who shares a 3 bed house. Each tenant has individual tenancy agreements in which states that each individual is responsible for the utility bills (gas and electric) and for them to be split and paid fairly.
The tenancy started in July 2012 and ends in July 2013. One of the tenants decided to move out in November 2012. She paid a bill (after many arguments) from July to September 2012. After she had moved out we submitted meter readings to British Gas and we forwarded the bill to the tenant from September to November.
She has since refused point blank to pay for her 1/3 of the bill. Myself and the other tenant have paid for both our 1/3.

We first received a letter from a debt collector who after many phone calls suddenly told us 'the account is now closed' so we thought right that's the end of it.
It wasn't!
We have received numerous letters, texts, phone calls from a debt collector called LCS. I spoke to them many times and explained the situation, first because they had a girls name on the bill who hasn't lived there since June 2012 (the communication between them and british gas is ridiculous, they can't get anything right) and now the names have been changed and are correct, we have been sent a letter threatening legal action. I do understand that all tenants are liable as BG don't care about individual tenancy agreements etc.
The bill is for £50, do you think they will take us to court over that little amount of money?
Also, as I'm only 21 I don't want to get a bad credit rating by not paying it. How would I go about ensuring I don't get bad credit because of it? I have all bank statements etc that I can provide to prove I paid my share.

My landlord now refuses to get involved because they say it has nothing to do with them, which I understand but at the same time it was their tenant, they are also suing the girl because she has refused to pay outstanding rent before she moved out.

Sorry for the essay!
Hope someone can help!

Wywth

louisel17 wrote: »

Hi,
Just wondering if anyone could help me.

I'm a student who shares a 3 bed house. Each tenant has individual tenancy agreements in which states that each individual is responsible for the utility bills (gas and electric) and for them to be split and paid fairly.
The tenancy started in July 2012 and ends in July 2013. One of the tenants decided to move out in November 2012. She paid a bill (after many arguments) from July to September 2012. After she had moved out we submitted meter readings to British Gas and we forwarded the bill to the tenant from September to November.
She has since refused point blank to pay for her 1/3 of the bill. Myself and the other tenant have paid for both our 1/3.

We first received a letter from a debt collector who after many phone calls suddenly told us 'the account is now closed' so we thought right that's the end of it.
It wasn't!
We have received numerous letters, texts, phone calls from a debt collector called LCS. I spoke to them many times and explained the situation, first because they had a girls name on the bill who hasn't lived there since June 2012 (the communication between them and british gas is ridiculous, they can't get anything right) and now the names have been changed and are correct, we have been sent a letter threatening legal action. I do understand that all tenants are liable as BG don't care about individual tenancy agreements etc.
The bill is for £50, do you think they will take us to court over that little amount of money?
Also, as I'm only 21 I don't want to get a bad credit rating by not paying it. How would I go about ensuring I don't get bad credit because of it? I have all bank statements etc that I can provide to prove I paid my share.

My landlord now refuses to get involved because they say it has nothing to do with them, which I understand but at the same time it was their tenant, they are also suing the girl because she has refused to pay outstanding rent before she moved out.

Sorry for the essay!
Hope someone can help!

If you are named on the utility account, you are jointly and severally liable for it.

Simples :cool:

A tenancy agreement does not affect any contractual agreement you have with a utility supplier.
I'm not surprised the landlord is not psrepared to get involved.

Going to college is all about growing up ...

louisel17

Wywth wrote: »

If you are named on the utility account, you are jointly and severally liable for it.

Simples :cool:

A tenancy agreement does not affect and contractual agreement you have with a utility supplier.
I'm not surprised the landlord is not psrepared to get involved.

Going to college is all about growing up ...

Yes I understand this (as detailed above in my original thread) but I want to know how I can ensure I don't get bad credit?
Going to uni and growing up doesn't make any difference at all that I should have to pay for someone else's utility usage. Put yourself in my shoes :mad:

dogshome

The only way for you to keep a clean credit record is for you and the other student still in occupation, is to pay the bill

You do of course have a contract with the errant student that lets you recover the bill costs from them, but this would be via the small Claims Court, and even then all you will get is piece of paper saying the court agrees that you are owed £50 + the Court costs - It's then up to you to find where the errant student is living and follow the process to appoint a Bailiff, who still may be unable to collect.

louisel17

dogshome wrote: »

The only way for you to keep a clean credit record is for you and the other student still in occupation, is to pay the bill

You do of course have a contract with the errant student that lets you recover the bill costs from them, but this would be via the small Claims Court, and even then all you will get is piece of paper saying the court agrees that you are owed £50 + the Court costs - It's then up to you to find where the errant student is living and follow the process to appoint a Bailiff, who even then may not be able to collect.

Well it is getting to point where I think £25 each is a small sum of money to pay but it's just the principle of her not paying and getting away with it that frustrates me!

Thanks for your help!

macman

louisel17 wrote: »

Yes I understand this (as detailed above in my original thread) but I want to know how I can ensure I don't get bad credit?
Going to uni and growing up doesn't make any difference at all that I should have to pay for someone else's utility usage. Put yourself in my shoes :mad:

But when you put your name on the account, you became jointly and severally liable for the whole account-not just a one third share of it. Did you not realise this? BG don't care who pays what share, that is a 3rd party dispute and of no concern to them. If the missing tenant won't pay or can't be traced, they'll come after the others. What your tenancy agreement says is irrelevant, what matters is your contract with BG.
This may not be 'fair,' but it what's you contracted to. So unless you want your credit record trashed, pay the £25 and then (if you wish) use the small claims process to recover it from the other tenant.
It's nothing to do with your landlord at all. Have you checked your credit file to see if a default has already been recorded?

louisel17

macman wrote: »

But when you put your name on the account, you became jointly and severally liable for the whole account-not just a one third share of it. Did you not realise this? BG don't care who pays what share, that is a 3rd party dispute and of no concern to them. If the missing tenant won't pay or can't be traced, they'll come after the others. What your tenancy agreement says is irrelevant, what matters is your contract with BG.
This may not be 'fair,' but it what's you contracted to. So unless you want your credit record trashed, pay the £25 and then (if you wish) use the small claims process to recover it from the other tenant.
It's nothing to do with your landlord at all. Have you checked your credit file to see if a default has already been recorded?

Wow, did I ever say I didn't understand that?
I was merely saying that it's the principle of her not paying when she has a responsibility to her share of the bill regardless of what BG says. I have just agreed with my other housemate to pay the £25. No I haven't checked it but I will do.

I'm going to stop posting in this thread now because all people seem to be doing is having a go at me about things I have already acknowledged in my original thread. I was just asking for help and for suggestions on how to protect my credit rating.

Wywth

louisel17 wrote: »

Wow, did I ever say I didn't understand that?
I was merely saying that it's the principle of her not paying when she has a responsibility to her share of the bill regardless of what BG says. I have just agreed with my other housemate to pay the £25. No I haven't checked it but I will do.

I'm going to stop posting in this thread now because all people seem to be doing is having a go at me about things I have already acknowledged in my original thread. I was just asking for help and for suggestions on how to protect my credit rating.

If you understood what macman posted, then what was the purpose of your thread? :huh:

You appear to be asking again what has already been explained to you, and which you claimed to have understood from the off.

I put it to you that you didn't understand, and still don't ... or don't wish to.

undaunted

I think she understands it perfectly well, she's simply frustrated by it - understandably so, her former flatmate has effectively robbed her & so far gotten away with it. Why should former flat mate get away with it or she have to pursue a debt that the supplier could pursue?

That said, unfortunately the above is still basically correct, you & current flatmate(s) will probably just have to pay the bill and then decide whether you can be bothered to pursue former flatmate as the supplier will just do what they find easiest - ie hassle you with threats of disconnection, PPM etc.

As to LCS you don't have to talk to them at all - your contract and debt is with the supplier not LCS.

chanz4

undaunted wrote: »

I think she understands it perfectly well, she's simply frustrated by it - understandably so, her former flatmate has effectively robbed her & so far gotten away with it. Why should former flat mate get away with it or she have to pursue a debt that the supplier could pursue?

That said, unfortunately the above is still basically correct, you & current flatmate(s) will probably just have to pay the bill and then decide whether you can be bothered to pursue former flatmate as the supplier will just do what they find easiest - ie hassle you with threats of disconnection, PPM etc.

As to LCS you don't have to talk to them at all - your contract and debt is with the supplier not LCS.

I would talk to LCS, if they are BG's agent by refussing to they can and will escalate to a warrant.

undaunted

They might though she can then go & talk to a Judge (admitedly at a cost if he grants the warrant) but if she's wanting to discuss the issue of the last tennant & whether BG will bend / pursue her former flatmate rather than her I can't imagine that will have LCS will have any interest in that (I'm not convinced that BG will either to be fair, but she'll never know for certain unless she asks them directly)