Enquiry about bailiffs.

Cro113

Hi all,
As a student, I incurred some damage bills to the house I was staying in (young wild and free, eh?) However I am currently in the middle of disputing some charges with landlord via solicitors and thought negotiations were going well. Until recently, I received a final demand letter from a debt recovery agency. The figure they demanded off me was quadruple and then some of the total amount. I would understand if i had been ignoring the debt for a long time, however I only received the bill 3 weeks ago, and have been in contact with landlord ever since..
Should I Be worried?

sourcrates

Cro113 wrote: »

.
Should I Be worried?

Hi,


I don`t know, worried about what exactly ?


Your post is entitled "enquiry about bailiffs" so I assume you want to know when bailiffs can be called upon to visit you.


Your ex landlord would have to take you to court, you would first receive a letter before claim, you would be expected to come to an arrangement there and then, without the need to progress to court, however, if that were not possible, the next step would be a claim form through the post.

You would fill in the form, either admitting the debt, partially admitting it, or you would defend it in full.

If you lost, a county court judgement would be awarded against you, you would be ordered to pay forthwith, or by installments, whatever was agreed, if you stick to the payments, no further action would be taken, if you did not, then a creditor has a range of further enforcement options, of which the use of bailiffs, is but one.

So a long legal process must take place first before you get a knock on the door.

Cro113

Ah yes, I see where I was a bit vague.
I was worried about the fact that the original bill received from land Lord was 10 grand. Yet on the notice I received from the debt enforcement agency it was over £40k. I was just wondering whether they could legitimately add £30k on to the bill in three weeks or could it be just a typo? It's causing my flatmates and I a lot of distress, as well as causing friction at home.

breaking_free

You and your flatmates did £10,000 damage to your landlord's property? The mind boggles. Out of curiosity, what exactly did you do to the place?

Cro113

The charges were massively inflated, hence the reason we never paid in the first place and are negotiating.

CakeCrusader

A deposit is usually used to cover any damage. Did you have an inventory when you moved in, and did you take pictures when you moved out? Did your landlord give you an itemised list of the damage and how much it will cost to repair, and is any of this wear and tear (carpets already damaged when you moved in and the landlord's expecting you to pay to replace them all etc)? Did the landlord keep your deposit in a tenancy deposit scheme??

Cro113

Yes, I've followed all this through and that's why we are in negotiations with landlord. My main issue here isn't the £10,000 proposed by landlord, it's the £40,000 that was demanded by the debt collection agency on his behalf

CakeCrusader

Cro113 wrote: »

Yes, I've followed all this through and that's why we are in negotiations with landlord. My main issue here isn't the £10,000 proposed by landlord, it's the £40,000 that was demanded by the debt collection agency on his behalf

If they were planning on taking you to court they have to give you time to sort things out first, so try not to worry. Ask them for a breakdown of the costs first.

sourcrates

Cro113 wrote: »

Ah yes, I see where I was a bit vague.
I was worried about the fact that the original bill received from land Lord was 10 grand. Yet on the notice I received from the debt enforcement agency it was over £40k. I was just wondering whether they could legitimately add £30k on to the bill in three weeks or could it be just a typo? It's causing my flatmates and I a lot of distress, as well as causing friction at home.

That is a lot of money, all you can do is ask for clarification.


If it went to court, you would partially admit the debt, but dispute the amount the landlord was claiming, the court would need evidence from both sides to determine who was right, and who was wrong.


If you want to dispute what they are asking for, you do so in writing, through your solicitor if you are using one.

National_Debtline

Hi Cro113


Undoubtedly you need a breakdown of the fees to see what they are trying to charge you for. Can you also confirm it is a debt collection agency (DCA) collecting the debt rather than an enforcement agency, which you also mention.


A DCA is not a bailiff and has no special powers. You should outline your dispute to them as well and ask them to put recovery action on hold until it has been resolved.


Best wishes


Susie
@natdebtline