Does a guarantor transfer when a debt is sold?

sourcrates

Breeches to contracts can only be enforced by a court, not on the say so of a debt collector.

What they have sent you is their invoice, in the hope you will pay it, its much the same as a private parking fine, they can only be enforced if they take you to court and win.

saajan_12

misterbarlow said:

So i paid the debt only last week and told them I owe them nothing for their fees as I have no contract with them,  only the original landlord.

The DCA have replied today with a screenshot from the original contract which states
"if the tenant beaches the agreement or fails to fulfil any obligations,  the tenant shall pay any costs incurred by the l/l in remedying or enforcing the breach."
 
They say the costs incurred are what they are charging the L/L to chase the debt, and therefore we are responsible for them as per that original contract.

Is the original contract an AST, or some other form of uni accommodation?

There will be some cost payable, even if that's just the interest on the rent between the due date and when you paid it. Beyond that before it gets to court, fees are generally unrecoverable for ASTs, but if its a different type of contract that may or may not apply. If they've filed to a court already then that fee may be payable. 

misterbarlow

Yes its an AST.
It mentions interest will be payable daily on late rent at BBR+3% from the date it is due to the date it is paid, which i've worked out to be around £50-60 but that might have been included in the original balance, they have never given me a breakdown of anything, just an email with, rent owed, charges incurred, total.

They have not filed anything, but just implied that they will if I do not pay em.

So if I call their bluff and hold, assume I then just wait for a letter before action, are they ever sent by DCA just as an extra attempt to persuade but they never go further or is it an inevitabilty at that point? 
If it goes to court and we lose, how much extra in court fees will it cost me for £291, and if I lose and then agree to pay, do I then also still get a CCJ???

ManyWays

if I lose and then agree to pay, do I then also still get a CCJ???
Yes but If you pay a CCJ within a month it is deleted from your credit record.