Student Housing Accomodation sent my case to Debt Collection Agency and they are not listening to my

ibadski

18th September 2018: I went to Accomodation in the afternoon (around 1400 hours) and asked if there is any room available. The, receptionist said yes but requested me to
apply online, Which I did, while there in there common room. I accepted offer through their portal, signed the contract digitally at exact 1426 hours, attached as "Tenancy Agreement.pdf" which starts from 19th September 2018 at 1200 hours. 

The receptionist showed me a 'show room'. I was assigned some room, however  on checking the room out, it wasn't suitable due to some bathroom issues so I requested to change the room. I was showed another room, which I agreed on and put my luggage in, roughly around 1500 hours. I have not paid any deposit uptil now. I asked them, they said they will collect it later. I have not paid a penny till date (June 2019).

19th September 2018:

I found a few issues in the apartment over night, such as smelly kitchen, lot of noise at night, etc. and I realized that the room is not suitable. At 0700 hours I took my luggage (which wasn't unpacked yet) and went to the reception and told the receptionist that I have to leave and will be checking out. I handed her over the keys and left. This action was taken under the impression that the cancellation policy applies as per student roost cancellation policy which states:

Bookings on or after 1st August

If you book your accommodation after 1st August, your cooling off period will reduce to 24 hours only from point of acceptance. If you cancel your booking within these 24 hours, your full booking fee will be returned. Should you wish to cancel after these 24 hours, the previous procedures will take place depending on your circumstances. 

I handed the keys back within 24 hours and before the start of the contract datetime. 

19th September 2018: 1349 hours:

I received an email from Student Roost asking me the reason to cancel and proof of evidence as why I am cancelling my contract. I responded via phone call on the same day I am moving to Milton Keynes with my brother and will be attending the university as necessary by commuting from Milton Keynes. 

9th October 2018: Received an automated email that my rent is overdue. I called them, reminding them that I have already cancelled the contract, they said my case will be referred to tenancy release board. I received an email on the same day from representative specifying the same thing and I replied with the same response: 

I don't remember the exact date but I called them again some time and I was told that the tenancy release board is not willing to cancel my contract and the only options are if I leave the university or arrange a replacement. I did not agree to either of the two conditions and requested a review.

30th October 2018:

Received an email quoting final decision as tenancy not cancelled and saying that I need to find a replacement.  I ignored the email considering that I had not paid any deposit and checked out even before my tenancy agreement start date.

Received automated emails on:

31st January 2019: Accomodation Fees Due

1st May 2019: Accomodation Fees Due

30th May 2019: Urgent Arrears notice As per the email, Student Accomodation clearly states that I did not checkin at all:

When you signed this agreement, you agreed to pay for the full stay but did not check in or give us a reason as to why you wouldn't be staying with us.

30th May 2019:  A conversation began narrating the whole story again. The conclusive email was that my case has been referred to Debt recovery department, which was a concern for me and I called them but there was no successful outcome. 

After that I had a meeting with their representative (student accomodation) and she said that I have no arguments and I will be liable for rent and I would have to pay the rent.
I was also doing my thesis and was very stressed due to this, I told them about the 24 hours cooling off period based on which I have cancelled the contract but she didnt listened and the meeting ended without any conclusion.

After that approximately 4 to 5 months later I received a letter and email from debt collecting agency (I received a letter at my Pakistani Address) and email on my email saying that I owe the student accomodation 5049 pounds. On that I gave them(debt collecting agency) a response that I am not liable to pay the rent due to this clause in the contract on that the debt collecting agency said that they will communicate this to their client and will let me know their response.

13 November 2020: recevied an email from debt collecting agency saying that I owe them 5049 pounds with reference of student accomodation:

17th November 2020: Gave them a response via email that I am not liable to pay the rent as I cancelled the contract within the 24 hours cooling off period.

19th November 2020: received a response from debt collecting agency via email that they have sent my message to the client and awaiting their response

after that I sent a follow up email that can you please respond

29th November 2020: REceived a response that they are still awaiting response from their client and my account is on hold until they receive the response. to which I asked what is meant by account is on hold to which they replied that it means that collection activitty wil be on hold

i kept on sending them followup email that can you please respond and they say that they are awaiting response from client.

25th March 2020: they sent me an email that i am still liable to pay the amount 

25th March 2020: I SENT them a DETAILED email containing all of the evidences and the particular clauses etc and the whole timeline and everything

26th MArch 2020: Recieved an email " I can confirm that we have received your email with your dispute. I will pass this along to our client and place your account on hold until we hear back from them with their response. I also noted on the account that you have advised email contact is preferable, however I am unable to guarantee that contact will be email only."

20th May 2020: REceived this email "We have made several attempts to contact you.We understand the worry caused by the coronavirus and that your income may be affected, making it difficult for you to pay your account.Please contact us so that we can discuss ways to assist you and provide a breathing space, if needed."

To which i responded that I replied to all the emails and currently I am awaiting response from you and called them as well to which they responded.

20th May 2020:Their response "As per our previous discussion today, the email you received relating to COVID-19 was a generic email that does not pertain to your case specifically. I can confirm that we are still awaiting further information from Student accomodation at this time and your account is on hold until we receive this.We apologise for any confusion or distress caused by this email."

21 october 2020: recieved an email from debt collecting agency "Further to my previous communication, it is important that you contact me.  Please either respond to this

email or call me on ___."
To which I called them and said that you never communicated me, they said we called you on phone ( i said i never received a phone call ) then they changed their statement of account on hold as well and they said that that my account was on hold due to corona virus . I got furious and they said that they are putting my account on hold until 21 novermber 2020 until then I can contact student accomodation directly and resolve this with them.

22 OCtober 2020:  As per our conversation, your account is on hold until the 21/11/20. Student Roost has confirmed you are still liable for the balance and without any new evidence we would be unable to put any further dispute forward. If you wish to appeal this decision or make a complaint, you must contact Student Roost directly. To request any documentation or information that we hold for you, please complete and return the access request attached following the instructions on the document. 

Points to consider:
- I checked out within 24 hours of checkin
- I checked out before the start of my contract datetime.
- I received an email from student roost acknowledging that they have received my cancellation request.
- If I login into my student room portal, it is still stuck on offer state and I cannot access my room through the portal (probably assigned to someone else). (Portal Screenshot.jpg)
- They don't have my current living address They do have my pakistani address

I am very confused on what to do and this is making me stressed as well.  Please help me and guide me please

jemima82

I'm afraid I don't know the best way to legally deal with this.  But I'd be tempted to post the lot to Twitter and @ Student Roost and your University

GrumpyDil

They may have passed this to debt collection but without taking it to court and getting a CCJ against you they cannot force you to pay. 
I would write (not email) to the accommodation provider outlining an exact timescale of what happened explaining why you believe you are not liable to pay. We can't see details of the contract that you signed so have no way of suggesting whether your interpretation is correct. 

ibadski

Addition:
This is their cancellation policy
I signed the contract on 18th September 2018 at 14:26
Tenancy start period: The period starting on at 12:00 hours on 19 September 2018
I left the property at 19th September 2020 at 7 am

Bookings made on or after 1 August 2020

If you book your accommodation after 1 August 2020, your cooling off period will reduce to 24 hours only from point of acceptance. If you cancel your booking within these 24 hours, your full deposit will be returned. Should you wish to cancel after these 24 hours, the previous procedures will apply depending on your circumstances.

Cancellations following tenancy start date

If you book your accommodation on or after the tenancy start date, there will be no cooling off period. Should you wish to cancel, the below procedures will apply depending on your circumstances.

Galloglass

You've got a lot of detail there, especially the timeline. You'd be best to confirm to the landlord that you will not be doing anything until the matter is decided in a court. Invite them to start proceedings (aka put up or shut up).

The item to be tested is whether the 24 hour cooling off period is unreasonable and unlawful. 

See the comments with regards to tenancies (though your's is a licence) and the protection from unfair terms.

https://www.housingrights.org.uk/news/new-consumer-rights-legislation-will-impact-tenants-landlords-and-agents

Keep all the paperwork as sometimes these come back in 2 or 3 years when they think you've forgotten and got rid of the paperwork.

ibadski

Hi all, 
Thanks for your advice, So should I currently give them my current address and ask them to sent a court letter and then do the defence in court?
I am very worried about two things
1) If I won the case ( would it have any negative effect on my credit file) (immigration status)
2) If I lost the case and paid them what they claim I owe in full in one go .(would it have any negative effect on my credit file) (immigration status).

ibadski

Currently I am on a tier 2 visa 

Galloglass

ibadski said:

Hi all, 
Thanks for your advice, So should I currently give them my current address and ask them to sent a court letter and then do the defence in court?
I am very worried about two things
1) If I won the case ( would it have any negative effect on my credit file) (immigration status)
2) If I lost the case and paid them what they claim I owe in full in one go .(would it have any negative effect on my credit file) (immigration status).

No and no.

Winning does not affect your credit rating and paying off within 28 days of a judgment doesn't either. If you lost, a judgment is recorded on your file but is removed if settled within 28 days. 

Not up with immigration law but AFAIK, you'd have to be bankrupt or some form of insolvency rather than just a CCJ.

You'll also be pleased to know that they have just reduced the burden on those wishing to remain here under Skilled Worker status from graduate to A-level and from £35K salary to £20K salary, so passing those Uni exams is not the burden it once was.

sourcrates

ibadski said:

Hi all, 
Thanks for your advice, So should I currently give them my current address and ask them to sent a court letter and then do the defence in court?
I am very worried about two things
1) If I won the case ( would it have any negative effect on my credit file) (immigration status)
2) If I lost the case and paid them what they claim I owe in full in one go .(would it have any negative effect on my credit file) (immigration status).

Your missing the point here.

In this country, anybody has the right to ask anybody else to pay a debt, but if you don`t owe that debt, or have grounds to dispute it, you have the right to say no and get them to prove it.

So the arbiter here are the courts who decide one way or another, you are infact attempting to call their bluff by enciting them to start legal action, when their case is at best, flimsey.

They can keep demanding money from you till the cows come home, as lots of companies do, as it costs little to pick up the phone or send a letter, and you are perfectly free to ignore them.

If they really want to get serious, they must start legal action, as only a court can make you pay, this will cost them money, but you have your evidence, which will make a good defence, so instead of playing letter tennis with them, invite them to make their play once and for all, see if they are willing to put their money where their mouth is.

This is a civil matter, and would not have any effect on other parts of your life.

Should it go all the way and you lose, if you pay within 30 days, the CCJ will be removed, yes, so you have nothing to lose here.

ibadski

Hi All, 
I really appreciate your help. Just had a call with debt collecting agency and in the call I explained them that look i am not liable to pay the because "told them about the 24 hours cooling off period and the fact that i cancelled before tenancy date" initially the guy was like "look but " but then I told them to open the contract and asked him to please read the clause for me. To which the debt collecting guy said that you can send this particular clause to us in an email and we will raise a dispute again with the student roost. To which I asked him that what if the student roost again didnt agreed? to which he said then you can go towards a third party investigating agency like FCA or OIAHE. 
Current Status: My account is on hold until 23 November 2020.
The debt collecting agency were asking about my current address, Should I give them my current address?


PS. I really appreciate your help everyone . I was very confused on all of this and your comments were very helpful.

elsien

It’s not much help posting terms and conditions from August 2020 when according to your OP you signed the contract 2 years ago.  What do the t&c you signed then say?