Worrying Debt Letter from Solicitors

BigAunty

Hi,

Applies to Scotland

A month or so ago, my friend who is a tenant at the property received some kind of debt recovery letter for the 'occupier' that had nothing to do with her. She rang them and explained she was the tenant and it seemed they were seeking the landlord and told her not to worry about it and she'd never hear from them again. She contacted the landlord who assured her he would deal with it. She threw away the letter and doesn't remember many of the details

Today, she received a witnessed letter hand from a legitimate solicitors office posted through the door which informed her that her landlord was taking action from her to recover £2k.

Assuming he was wrongly seeking rent arrears (she is 100% up to date with it), she contacted him and he assured her that he has taken any legal action from her and doesn't know anything about it. He says he will contact the solictors and wanted a copy of the letter.

What's going on? Is this a common trick or an an admin error on the part of a debt recovery agency? Is it a cynical pressure tactic - the creditors can't find the landlord but have her name and are trying to get him through her? Could the landlord be lying?

Should she ignore the letter because the last time she rang up, perhaps all they did was take her name in order to hassle her in future? Should she contact them to double check who is being sued by who and who owes who money?

My friend thinks the landlord is telling the truth about not initiating any legal action against her but is starting to wonder if he hasn't paid the factors fees or missed a mortgage payment or something.

Marktheshark

TAKE HER NAME OMG WHAT HAS SHE DONE !
She really gave them her name ?

BigAunty

Marktheshark wrote: »

TAKE HER NAME OMG WHAT HAS SHE DONE !
She really gave them her name ?

Yup, being a person of integrity and wanting to be helpful, she rang upon receipt of the original letter to correct the mistake and seemed delighted at the assurance that she'd never hear back on the issue again. Then again, she can't be sure it's the same organisation as she never kept the letter, just that the second one contained her name.

So she's received a letter from a large solicitors office in the city centre whose services include debt recovery which appears to feign litigation from her landlord to her.

So what's going on - no capital letters or mockery needed.

She was utterly distressed to come home to a letter that demanded she pay her landlord thousands of pounds when she doesn't owe him a penny (confirmed by him) and wonders how much future hounding she will ensure. Not funny.

sourcrates

Don't know exactly what's a foot here, but tell her not to worry about it, she should certainly not of given them any of her personal details at all, it's probebly the ammunition they needed.

A solicitors letter is just that, a letter, nothing special, just treat it as you would any other DCA letter, remember, any debt they say she owes, MUST be backed up by evidence, they HAVE to prove she owes this debt.

Tell her to send them the provit letter, inform them she is not the person they are looking for, and no debt of this nature exists in her name, and, if they continue to harass her, she will file complaints with the FOS, and the FCA, which could result in the suspension or removal of there consumer credit licence.

BigAunty

So it's not unusual for an outwardly respectable solictors in Scotland to pretend a tenant is being sued by her landlord?! Just to try and smoke the landlord out?

BigAunty

OK, you can hold off replies. The letter came via a Sheriff's office and I reckon the landlord owes Factors fees so it looks like the Factor engaged the solictors.

Not sure if it then becomes the responsibility of the tenant if the landlord defaults but will check on the Shelter site.

I think my friend got confused about who was suing who. I've just read it and I now think the Factors are going through the motions to show they've at least tried to reach the landlord in order to succeed with their court claim.

It is a very dense and complex document. It does give the impression that she either owes the money to the landlord or the landlord to others or her to others, so it's not clear at all who is responsible for what. It really is that unreadable.

The document refers to an address where the landlord no longer lives so it looks like they don't know where he now lives.

I think in Scotland, the legal system doesn't require the claimant to prove that they've served notice directly on the defendant at their residential address in the same way as England. So a letter to the address they own but do not occupy might be enough to satisfy the court that they've tried to negotiate before bringing the case to court.

BigAunty

OK, so if the landlord doesn't pay up (and bearing in mind he ignored the previous letter which would have been sent before or just after the court case), the next stage is for Sheriff Officers to seize goods from outside the property which doesn't affect the tenant - there are none.

But another option is for the creditor to return back to court and get an exceptional attachment order where the Sheriff Officers are legally allowed to enter the property and seize goods.

So does anyone with knowledge of Scottish debt enforcement know how a tenant is able to preserve their own personal belongings from being taken and ensure that the Sheriff Officers just take the furnishings and appliances supplied by the landlord?

BigAunty

Also, if the tenant were to supply the Sheriff Officers with the landlord's current residential address, is it likely they will switch their attention there or will they still focus on the property where the debt was accrued due to the landlord failing to pay towards commual charges, such as repairs and cleaning (Factors Fees) at the rental property.

sourcrates

BigAunty wrote: »

Also, if the tenant were to supply the Sheriff Officers with the landlord's current residential address, is it likely they will switch their attention there or will they still focus on the property where the debt was accrued due to the landlord failing to pay towards commual charges, such as repairs and cleaning (Factors Fees) at the rental property.

Try here :

http://www.stepchange.org/DebtadviceinScotland.aspx