Private landlord debt help

kilvi00

Hi this is my first post so I apologise if I have put it in the wrong place.
I have just been contacted by a debt recovery company regarding rent arrears from a private landlord who we rented a property from which we left about 6 years ago.
at the time I lost my job and we got into a lot of financial difficulty and the rent was one of them, we moved out of the property in May 2008 and went to stay with my mum for a few months to try and get sorted, we then moved into a new rented property in October 2008 but the landlord is trying to claim that we were still there in October and so adding another 7 months of rent onto the rent arrears we already had. When we moved out in the May we put the keys in an envelope with a letter stating that we had vacated the property and put them through the letterbox at his home address but he is still stating that we were there till at least October. we have no way of proving that between May and October we weren't in the property, I can't get a letter of proof from my mum as she died two years ago and this is the first time he has been in contact for the arrears since we moved out.
the debt collector is now phoning us at work and coming to the house saying that the landlord is going to take us to court if we don't pay the £9500 he is asking for.
I really need some advice as my wife is distraught, we have spent the last 6 years trying to get back on track and clear our debts which we were well on our way to doing and now this, I don't shirk my debts but I won't pay what isn't owed.
any help would be greatly appreciated.

Tixy

It may be that they are not stating you were using the property until October - but that you were liable for the rent up until then, which would depend on your tenancy agreement.

Do you still have copies of your tenancy agreement? When did is start and how long was it for?
Were you evicted by the landlord? did they send you a notice to leave? or did you leave voluntarily?

There is a chance that some of this debt could be statute barred. Or if you were only liable to pay until May 2008 that it could all be statute barred. May be worth speaking to one of the debt advice charities for some advice, or possibly shelter may be able to help advise.

In terms of them phoning you at work - you can write a letter to them to state that you wish all future communication to be in writing and for them to cease telephone calls - see template here - Harassment by telephone

kilvi00

thanks for your reply, I do have my tenancy agreement and it was an assured shorthold tenancy for a period of 6 months from July 2005 to January 2006.
We left voluntarily in May 2008 but he says he served an eviction notice in October 2008, we were obviously gone by then.

sourcrates

kilvi00 wrote: »

thanks for your reply, I do have my tenancy agreement and it was an assured shorthold tenancy for a period of 6 months from July 2005 to January 2006.
We left voluntarily in May 2008 but he says he served an eviction notice in October 2008, we were obviously gone by then.

Hi,
You must of renewed the agreement on more than one occasion then ? when was your last six month extension supposed to end ?

kilvi00

Hi, we didn't renew the tenancy at all, we just paid the rent to the landlord each month via standing order and it just continued, the tenancy was originally written up by Linley and Simpson letting agents but after signing the agreement initially we had nothing more to do with them.

sourcrates

Possible its statute barred if the dates are correct, you could send the DCA the "statute barred" letter, saying as no acknowledgement of the debt has been made in 6 years you consider it to be SB, and if they dis-agree, its for them to prove otherwise.
I would try this first, and see what they come back with, also advise you will only communicate with them in writing and to cease and desist visiting your property or calling you at work, otherwise you will file a charge of harassment against them.


Lots of info, and template letter here :


https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Page-02.aspx

kilvi00

thanks for that, I did state to the collector that I thought it was statute barred and he said that only part of it would be statute barred but that the landlord could still take me to court for part of it, not sure what this means.

sourcrates

kilvi00 wrote: »

thanks for that, I did state to the collector that I thought it was statute barred and he said that only part of it would be statute barred but that the landlord could still take me to court for part of it, not sure what this means.

Well send the SB letter anyway, and then its up to the landlord to prove otherwise, if only part of it is SB, they will have to prove why, so send it, and see what they come back with.


If it transpires you are only liable for part of the debt, it may be wise to agree a repayment plan before it goes to court, but see what they come back to you with first.

kilvi00

Thanks for your help Sourcrates, I'll send the letter.

45002

kilvi00 wrote:

Hi this is my first post so I apologise if I have put it in the wrong place.
I have just been contacted by a debt recovery company regarding rent arrears from a private landlord who we rented a property from which we left about 6 years ago.
at the time I lost my job and we got into a lot of financial difficulty and the rent was one of them, we moved out of the property in May 2008 and went to stay with my mum for a few months to try and get sorted, we then moved into a new rented property in October 2008 but the landlord is trying to claim that we were still there in October and so adding another 7 months of rent onto the rent arrears we already had. When we moved out in the May we put the keys in an envelope with a letter stating that we had vacated the property and put them through the letterbox at his home address but he is still stating that we were there till at least October. we have no way of proving that between May and October we weren't in the property, I can't get a letter of proof from my mum as she died two years ago and this is the first time he has been in contact for the arrears since we moved out.
the debt collector is now phoning us at work and coming to the house saying that the landlord is going to take us to court if we don't pay the £9500 he is asking for.
I really need some advice as my wife is distraught, we have spent the last 6 years trying to get back on track and clear our debts which we were well on our way to doing and now this, I don't shirk my debts but I won't pay what isn't owed.
any help would be greatly appreciated.

kilvi00 wrote:

thanks for your reply, I do have my tenancy agreement and it was an assured shorthold tenancy for a period of 6 months from July 2005 to January 2006.
We left voluntarily in May 2008 but he says he served an eviction notice in October 2008, we were obviously gone by then.

kilvi00 wrote:

Hi, we didn't renew the tenancy at all, we just paid the rent to the landlord each month via standing order and it just continued, the tenancy was originally written up by Linley and Simpson letting agents but after signing the agreement initially we had nothing more to do with them.

kilvi00 wrote:

Thanks for your help Sourcrates, I'll send the letter.

For Reference http://www.consumeractiongroup.co.uk/forum/showthread.php?427931-private-ladlord-rent-debt-now-DCA-at-my-door

kilvi00

Just like to say thanks for your help, I have had written confirmation from the recovery agent that the landlord is not going to take any further action at this time.