Ex-Landlord claiming via 24 Hour Debt Collectors Ltd

Narkie

I have an ex-landlord who has refused to accept a repayment plan offered to him, which was said to be acceptable from the opinion of a CAB friend.

When he refused, i sent him an increased offer which totally used all of my disposable income, in order to get it paid.

He did reply.

[TEXT DELETED BY FORUM TEAM]

The date stamp on the envelope is 27th December 2013 and within the letter (which is dated 22nd December 2013) they are demanding full payment by 27th December 2013 (The date the letter went through the postal system! LOL!)

[TEXT DELETED BY FORUM TEAM]

Why did the landlord not just process it through the court?

Anyone heard of this company? [TEXT DELETED BY FORUM TEAM]

Also, usually when someone demands money, they include some sort of return envelope? Nothing like that with this letter.

See attached, offer advice as to how to deal with them?

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thequant

Narkie wrote: »

I have an ex-landlord who has refused to accept a repayment plan offered to him, which was said to be acceptable from the opinion of a CAB friend.

When he refused, i sent him an increased offer which totally used all of my disposable income, in order to get it paid.

He did reply.

I have now received a letter (which has a food stain on and smells strongly of cigarette smoke, with the address on the envelope poorly written by hand).

The date stamp on the envelope is 27th December 2013 and within the letter (which is dated 22nd December 2013) they are demanding full payment by 27th December 2013 (The date the letter went through the postal system! LOL!)

Also, the paper is very thin, the ink is of very poor quality and their website has missing pages etc. [TEXT DELETED BY FORUM TEAM]

Why did the landlord not just process it through the court?

Anyone heard of this company? [TEXT DELETED BY FORUM TEAM]

Also, usually when someone demands money, they include some sort of return envelope? Nothing like that with this letter.

See attached, offer advice as to how to deal with them?

postimg.org/image/v0yyrrfot/
postimg.org/image/d9trwgt3n/
postimg.org/image/fgqio0nb3/

In terms of pre-action protocols (The process and steps one needs to take before issuing a court claim) that letter fails on many grounds.


The most important of which is that anyone demanding monies and threatening court action must leave reasonable time for the situation to be rectified. Cant remember which it either 7 or 14 days.


Considering they havn't given you time, letter is designed to not given you time and the fact they are called "24hour debt collectors" there is a chance you could get this kicked out in the early stage of the court proceedings.


Certainly "24hour debt collectors" will get the judges back up, so keep hold of that letter.


Anyway worse case scenario, it goes to court and proceeds to a hearing. what then ? If you have already offered a payment plan and court awards either the same payment plan or one that is less generous to the LL then the LL will have all of the case costs awarded against him for wasting the courts time.


ok now what, follow this golden rule.


DO NOT TELEPHONE THEM, DO EVERYTHING IN WRITING.


any phone calls you have now will simply be denied later, likewise should this goto court you need to prove that you took "reasonable steps" to rectify the situation.


So get that payplan down on paper and sent off (get proof of postage or recorded delivery).


Don't worry about any unrealistic timescales they give you, that's their problem, not yours and will back fire on them later on should it end up in court.

dgtazzman

I'd ignore it, if nothing has gone through the courts, it isn't worth the paper it's written on. I also doubt the courts would look favorably on the LL if you have indeed made a reasonable offer. It seems you agree that money is owed and it will need to be paid, but at least the LL can be reasonable about it...

I'd probably repeat the offer you made to the LL, in writing with a copy for yourself, tell him/her it's your final offer and if he/she doesn't agree, it should go to the courts, where you'll have a chance to defend yourself and will probably end up in an arrangement to pay anyway by the sound of it.

AnnieO1234

Usually you need to send a letter before action with 14 days notice, follows by a further 7 days thereafter issuing court proceedings. Any shorter will get up the nose of the justices.

X

spacey2012

AnnieO1234 wrote: »

Usually you need to send a letter before action with 14 days notice, follows by a further 7 days thereafter issuing court proceedings. Any shorter will get up the nose of the justices.

X

The Pre-Court protocol tends to get up the noses of the justices and once both parties turn up it is usually game on.

thequant

OP, any chance of a background of the debt ? i.e. how and when it occurred.

Narkie

thequant wrote: »

OP, any chance of a background of the debt ? i.e. how and when it occurred.

From a 1 year tenancy agreement back in 2010.

I was making regular payments for about a year, but due to losing my job due to redundancy and then facing having family issues, i was unable to keep up the payments - I did however make payments as and when i had spare money (usually a month or two apart) - I have since enrolled to university as a full time student and i offered to pay quarterly, in advance, from each student loan / maintenance grant that i receive, as i am struggling to find work to fit around university hours at present.

Thank you all to have offered help and support so far, much appreciated, i am glad i am not receiving replies such as "you owe it just pay up". Very nice people on here!

spacey2012

Did you remain in the property for this one year period or move out.

thequant

Narkie wrote: »

From a 1 year tenancy agreement back in 2010.

I was making regular payments for about a year, but due to losing my job due to redundancy and then facing having family issues, i was unable to keep up the payments - I did however make payments as and when i had spare money (usually a month or two apart) - I have since enrolled to university as a full time student and i offered to pay quarterly, in advance, from each student loan / maintenance grant that i receive, as i am struggling to find work to fit around university hours at present.

Thank you all to have offered help and support so far, much appreciated, i am glad i am not receiving replies such as "you owe it just pay up". Very nice people on here!

Ok so you run up some arrears in a rental contract, then made a payment plan with the landlord, then subsequently failed to keep with the payplan?


If so your trump card of showing that the LL is being unreasonable has been considerably weakened.


How soon are you are you able to start making payments if the LL accepted your payment plan ?

Narkie

thequant wrote: »

Ok so you run up some arrears in a rental contract, then made a payment plan with the landlord, then subsequently failed to keep with the payplan?


If so your trump card of showing that the LL is being unreasonable has been considerably weakened.


How soon are you are you able to start making payments if the LL accepted your payment plan ?

Spacey, i moved out^

Thequant, it was not a payment plan as such, it was more a "i will pay what i can when i can" and this was regular as a day whilst i was working, but as i was made redundancy, the payments were not as frequent, however, did still continue.

I have always responded to his emails and told him whats happening, etc.

I am in a position to start paying and sticking to my payment plan. It would automatically be sent by standing order from my student maintenance payments before i even have the chance to look at it. This offer is actually greater than what i was initially paying.

thequant

Narkie wrote: »

Spacey, i moved out^

Thequant, it was not a payment plan as such, it was more a "i will pay what i can when i can" and this was regular as a day whilst i was working, but as i was made redundancy, the payments were not as frequent, however, did still continue.

I have always responded to his emails and told him whats happening, etc.

I am in a position to start paying and sticking to my payment plan. It would automatically be sent by standing order from my student maintenance payments before i even have the chance to look at it. This offer is actually greater than what i was initially paying.

If you were paying "regularly" then that became your payment plan wether agreed or not, once the payments became irregular that plan was broken.


It might seem semantics, but the LL grounds for taking you to court despite you having repayment plan is that he can't be sure you will stick to the plan are valid grounds.


However he should wait for a more formal written plan to broken before proceeding to court action to make sure his grounds are solid.


Are you in a position to start making payments now ?


Re the debt is because you accrued rent arrears whist living in the property, or because you move out and didn't fulfil the rest of the contract ?


If you did move out before the end of the term, did the LL find a new tenant ?