LCS Debt Recoveries after me for bad tenant's debt

jojopop_2

Hi All,

Could really do with some advice if you'd be so kind to oblige.

Had some bad tenants, which are now on the run from the police, so no forwarding address. The agent who introduced them was dodgy as well am guessing because I can't get in touch with him.

Anyway, when they moved in the agent said that he'll register the tenants for utilities e.g. gas/electricity/water. Unfortunately I trusted him.

Fast forwarding to today I am getting letters from LCS (the same guys as this thread: forums.moneysavingexpert.com/showthread.php?t=2983648 ) addressed to "The Legal Owner", for the electricity supply, which is claiming I am "responsible for the use of this supply and we need to speak to you urgently in order to arrange payment of the account from yourself". This is for a period last year when the tenants were at the property.

Previously I had already discussed the situation extensively with my electricity supplier and opened a new account in my name for the supply. I have even been paying the bills in my name on time, so no issues there.

But at the same time I was receiving letters from the energy supplier for the period last year when the tenants were in the property addressed to "Owner/Occupier from ... to ...". So I called up the energy supplier a few times and asked them if I need to do anything about these letters, since the occupier in the period stated on the letters was the tenant, and they assured me that since I have an account open in my name and paying the bills there is nothing I need to do and can just ignore the letters.

Now I'm in this situation where the debt has been passed onto LCS and they've already sent me 2 letters in one week asking for payment.

I wanted to send an email to my electricity supplier and ask them to get the debt collectors to go after the tenant not me, but not sure if this is the right approach.

I don't know what to do anymore.

So please please help!

Thanks very much in advance.

ValHaller

Write one letter to your electricity supplier. Keep your evidence of the tenancy and wait for them to take you to court.

jojopop_2

Thanks ValHaller, could you advise on what I should include in the letter I write to them please?

ValHaller

Who the tenants were, the fact that the tenants were responsible for their use of electricity and the dates. Copy of tenancy agreement to show start date, anything you have to show finish date. Sentence to say that you are not responsible between the given dates and that you consider the correspondence closed

jojopop_2

ok I wrote something and tried to keep it simple, thoughts?

Do I need to add more details? Or change the tone?

Property: qwerty...

Dear Sir/Madam,

I am the landlord of the property above.

As previously communicated to your colleagues during the numerous phone conversations I had with your customer services, this property was occupied by Mr Q from dd/mm/yyyy till dd/mm/yyyy.
I have again attached a copy of the tenancy agreement to show the start date of the tenancy.

I have recently received a letter from LCS debt collectors addressed to "The Legal Owner" for client reference nnnnnnn for a balance of £££ for period between dd/mm/yyyy and dd/mm/yyyy.

I am not responsible for the use of electricity between dd/mm/yyyy and dd/mm/yyyy at this property.

Therefore I consider the correspondence closed and I demand LCS to be instructed to look for Mr Q rather than demanding the outstanding balance from the legal owner.

Regards,
-

ValHaller

jojopop wrote: »

ok I wrote something and tried to keep it simple, thoughts?

Do I need to add more details? Or change the tone?

The simplicity is excellent, you have covered it well. A tweak or 2 to make the narrative more coherent

Property: qwerty...

Dear Sir/Madam,

I am the landlord of the referenced property, which was occupied by Mr Q from dd/mm/yyyy till dd/mm/yyyy. You have been pursuing me for energy consumed by my tenant over this period and I have explained to your customer services colleagues on several occasions that Mr Q is responsible for the period in question.

I have recently received a letter from LCS debt collectors addressed to "The Legal Owner" for client reference nnnnnnn for a balance of £££ for period between dd/mm/yyyy and dd/mm/yyyy.

I attach a copy of the tenancy agreement for the period in question and request that you and LCS direct your efforts to recovering your losses from Mr Q.

Unfortunately, as I have no forwarding address for Mr Q, I now consider this correspondence closed.

On a little bit of reflection, there is a potential weakness of who held responsibility for the supply prior to Mr Q - if it was you, were you billed at the property or at your own address?

jojopop_2

Thank you very much for the suggestions ValHaller.

Before Mr Q the previous tenant was paying for the supply, at the same property address.

There may have been a couple of weeks difference between the old tenant moving out and the new tenancy agreement.

Actually the dates they quote reflects this when compared to the tenancy agreement date but the difference is less than a month and I guess it's fair if they want to bill me for that.

So do you foresee any problem as a result of this? Would I need to change any part of the letter?

ValHaller

jojopop wrote: »

There may have been a couple of weeks difference between the old tenant moving out and the new tenancy agreement.

Actually the dates they quote reflects this when compared to the tenancy agreement date but the difference is less than a month and I guess it's fair if they want to bill me for that.

So do you foresee any problem as a result of this? Would I need to change any part of the letter?

Did you at any time use electricity during that period? If you didn't, they are in a hard position to declare you the default customer.

jojopop_2

No, didn't use any electricity during that time and the property was vacant while finding tenant. Though not sure how I would prove that if I had to, in terms of hard evidence.

So it sounds like the email is good to send so I'll send it off tomorrow unless you see any improvements to be made to your latest suggestion. Cheers!

jojopop_2

ok I've sent that off to their complaints department now, lets see what they say. Thanks for your guidance on this ValHaller