PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Rent arrears - solicitor WONT take payment plan amount

Options
ktap12996
ktap12996 Posts: 6 Forumite
in House buying, renting & selling
Hi all,

My partner has rent arrears from a previous tenancy, she agreed a payment plan with the landlords solicitor to pay £100 a month, they wrote to her CONFIRMING this had been accepted.

The payment plan was due to start the 5th August 2018, as this was a Sunday my partner called on Friday the 3rd to pay - they outright refused the £100 and demanded £200, they advised they would call back which they did not. My partner called again today and the exact same thing has happened again!!!

She contacted the housing association the arrears are with to inform them of what has happened and they have simply shrugged her off and said its nothing to do with them!

Where do we go next?!

Thanks!
K

Comments

  • Trixsie1989
    Trixsie1989 Posts: 489 Forumite
    Options
    If you have it in writing that £100 is agreed then they have to accept that.
    Debt free finally :j
    First house purchase ... 2018 :j
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    ktap12996 wrote: »
    Hi all,

    My partner has rent arrears from a previous tenancy, she agreed a payment plan with the landlords solicitor to pay £100 a month, they wrote to her CONFIRMING this had been accepted.

    The payment plan was due to start the 5th August 2018, as this was a Sunday my partner called on Friday the 3rd to pay - they outright refused the £100 and demanded £200, they advised they would call back which they did not. My partner called again today and the exact same thing has happened again!!!

    She contacted the housing association the arrears are with to inform them of what has happened and they have simply shrugged her off and said its nothing to do with them!

    Where do we go next?!

    Thanks!
    K



    Largely irrelevant. Aside from why solicitors are collecting rent arrears, they now want £200. Pay them £200, or wait until it goes to court and ask the court to agree a payment plan.


    Or just pay the LL £100 as was previously agreed. She must have the details as she presumably paid at some point.
    Trixsie1989 wrote: »
    If you have it in writing that £100 is agreed then they have to accept that.

    No they don't.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    As far as I know, a Payment Plan agreed informally (ie not via the courts) has no legal force. So the creditor can change their mind and take other action if they wish.


    However a court might take a sympathetic view towards a debtor who had agreed a PP, and kept to it, but where the creditor then demanded more.


    Just a thought - are they asking for £200 because 2 months is due?
  • TBagpuss
    TBagpuss Posts: 11,204 Forumite
    First Post First Anniversary Name Dropper
    Options
    Can you send a cheque for £100 with a copy of the letter from them agreeing the £100?
    Short term, if you have an email address, email them,attach a copy of their letter and state that in accordance with the agreement, you called on Friday to make the first agreed payment of £100 and again today and on both occasions they refused to accept payment. Ask them to clarify why and to confirm whether they are still adhering to the agreed plan, and if not, why not?

    If nothing else, you then at least have a record that you tried to pay, and if the issue is that there was a typo in their original letter and they meant £200 all along, they can see that you were acting in good faith, and if it is someone in their office reading the wrong file they should be able to address that, too.

    Did the letter specifically say that the first payment was due on 1st Aug?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • ktap12996
    ktap12996 Posts: 6 Forumite
    edited 8 August 2018 at 3:37PM
    Options
    Tbagpuss, Thanks, the letter didnt state the first date of which payment was due, only that the payment plan started on the 5th... a Sunday... they arent even open sundays...
  • ktap12996
    ktap12996 Posts: 6 Forumite
    edited 8 August 2018 at 3:37PM
    Options
    G_M

    thanks, no.

    This has been a long ongoing thing (over a year).

    Rent was not paid due to poor living conditions, damp which has literally caused illness to her daughter and her (confirmed in writing by doctors that damp living conditions is the likely cause of illness)

    they basically demanded 200 and said its going up to 400 a month next month - she physically cannot afford that...
  • ktap12996
    ktap12996 Posts: 6 Forumite
    Options
    Comms69

    the LL is a housing association, they literally will not speak to her.

    It has been sent in writing all payments must be paid directly to the solicitor handling the case.

    They have threatened court proceedings for the last year. but hasn't happened yet...
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Options
    Not sure if you're deliberately being obstructive or not.


    They cant stop her (you) paying money into the account. You have the details, you have the reference. Make the payment!


    The illness is irrelevant - the doctor didn't say that, or if he/she was stupid enough to have said it - shouldn't have. -
    Not sure what relevance that has to not paying rent though.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards