Need help again please, just want to give up.

CurlySue2017 · 12 June 2019 at 2:37PM

Hello (again), I need to ask for more advice if I may.....

My OH is currently 9 months into his DRO and things have been ok, however a bombshell landed the other day and I'm not sure I can deal with this all over again so I need a bit of advice please.

Basically a letter dropped through the door stating that he owes a balance of unpaid rent on a property he vacated in 2016. Now he did live in this property with an ex but they split up and he moved out back in 2012 (possibly 2011). We have been together since 2013 and he has lived with me since 2015 so I know that he definitely did not live there from 2013 onwards. So the ex has obviously stayed on at the property until 2016 and left owing money.....that my OH is now being chased for.

When he moved out, he went to the housing association office to advise them that he was moving out and he said that they got him to sign something, but he can't remember what it said and he was never given a copy - after all this time he wouldn't have kept it even if he had.

So my questions are basically:
Does he have a leg to stand on to try and argue this?

Is it best to just try and get it paid somehow (it's around £300)? Maybe I could pay it for him?
Or is it best contact Stepchange for advice? (they arranged his DRO)
Will we need to inform the DRO people?

This is not a forgotten debt or anything like that, he literally knew nothing of this until the letter landed the other day. It's not threatening or anything like that at the moment, it just says to contact them ASAP.

I am terrificed that this will now cause issues with his DRO and we are so close to the end, I am beyond gutted. My anxiety is as high as ever, I can't sleep and am on the verge of tears all the time (crying as I sit here typing).

If anyone could advise it would be really helpful.

Thankyou x

Willing2Learn · 12 June 2019 at 2:43PM

Hi. Don't cry. Every obstacle can be overcome. I'm afraid I can't answer your main question as I don't have knowledge of how a DRO works. Just didn't want to read about your pain and not reply!

I recommend you ring up StepChange for advice and guidance on what you and your partner should do. I'm sure there are workable and affordable options, and a simple solution too!

sourcrates · 12 June 2019 at 3:09PM

Don’t panic, it won’t affect the DRO at all, and you do not need to inform the IS or stepchange.

If he disputes the debt, write and say so, he should be able to tread water with this for the next 3 months, ask them for proof he owes the debt.
Debt collection can take years.

Worst case scenario. He’ll have to pay it, if he owes it, if not, as I said, dispute it in writing.
This has nothing to do with your current arrangement, that will complete in 3 months, this is entirely separate, and should be dealt with separately.

CurlySue2017 · 12 June 2019 at 3:26PM

Willing2Learn wrote: »

Hi. Don't cry. Every obstacle can be overcome. I'm afraid I can't answer your main question as I don't have knowledge of how a DRO works. Just didn't want to read about your pain and not reply!

I recommend you ring up StepChange for advice and guidance on what you and your partner should do. I'm sure there are workable and affordable options, and a simple solution too!

That's very kind, thank you

sourcrates wrote: »

Don’t panic, it won’t affect the DRO at all, and you do not need to inform the IS or stepchange.

If he disputes the debt, write and say so, he should be able to tread water with this for the next 3 months, ask them for proof he owes the debt.
Debt collection can take years.

Worst case scenario. He’ll have to pay it, if he owes it, if not, as I said, dispute it in writing.

Thankyou for this, I'm just worried because I've been trying to find information on this situation and all advice says that if any other debt comes to light during the DRO, you MUST inform the DRO people and if you don't and they find out, they WILL revoke the DRO (this is from the CAB website)....This is what has got me the most worried.

EssexHebridean · 12 June 2019 at 3:44PM

Definitely don't panic. Firstly no other debt HAS come to light - he informed them that he moved out, they got him to sign to say so - so until they can prove that did not happen, there's no debt as you will dispute it.

I'd suggest that as Sourcrates says you write to them disputing it, and also demanding that they produce a copy of the document that they got him to sign also when he confirmed that he had vacated. See what they say about that, then post back here and let's see what can be done. Put everything in writing though - for a start snail mail takes longer than emails. Second class postage all the way too!

System · 12 June 2019 at 3:55PM

The onus in on the landlord to prove he was still living there, if he can prove otherwise then they cannot recover the unpaid rent from him

CurlySue2017 · 12 June 2019 at 4:14PM

Thank you so much again for the advice guys, my anxiety takes over in stressful situations so although I know what we need to do, I need the reassurance of others to clarify before I can accept that we are doing the right thing.

We will write back to dispute the claim as you have all advised and see what happens and will definitely post back here with any updates.

sourcrates · 12 June 2019 at 4:41PM

The debt has not yet been proved, anyone can write and say you owe me money, it’s another thing entirely to prove it.

These things take time to evidence, you only have 3 months left, if they manage to provide proof in the next 3 months, then you should tell the IS.

fatbelly · 12 June 2019 at 5:54PM

Yep, what you need here is a prove-it

https://forums.moneysavingexpert.com/showthread.php?t=2607247

If it's valid it could not be included in the DRO, but neither would it affect the DRO provided it wouldn't have taken the debt total over 20k

It sounds suspicious - is it the housing association writing. or someone dodgy like UKSearch?

CurlySue2017 · 13 June 2019 at 10:29AM

fatbelly wrote: »

Yep, what you need here is a prove-it

https://forums.moneysavingexpert.com/showthread.php?t=2607247

If it's valid it could not be included in the DRO, but neither would it affect the DRO provided it wouldn't have taken the debt total over 20k

It sounds suspicious - is it the housing association writing. or someone dodgy like UKSearch?

It wouldn't take it over the £20k no, so does that mean that no matter what happens the DRO should be unaffected?

The letter has come directly from the housing association and it is slightly more complicated because he did in fact live there in the past, it is the moving out date that he would need to prove and I am not sure how he would do that.

So does our response take the usual "prove it" stance as per the link above, or do we acknowledge that he did in fact live there but vacated in 2012 and not 2016 as they are claiming?

sourcrates · 13 June 2019 at 12:07PM

If you deny owing the debt, you send the provit letter which you can adapt to the circumstances, or just send it as is and let them do the donky work.

Need help again please, just want to give up.

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free