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  • FIRST POST
    • ktap12996
    • By ktap12996 6th Aug 18, 1:27 PM
    • 6Posts
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    ktap12996
    Rent arrears - solicitor WONT take payment plan amount
    • #1
    • 6th Aug 18, 1:27 PM
    Rent arrears - solicitor WONT take payment plan amount 6th Aug 18 at 1:27 PM
    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
Page 1
    • Trixsie1989
    • By Trixsie1989 6th Aug 18, 1:38 PM
    • 485 Posts
    • 501 Thanks
    Trixsie1989
    • #2
    • 6th Aug 18, 1:38 PM
    • #2
    • 6th Aug 18, 1:38 PM
    If you have it in writing that 100 is agreed then they have to accept that.
    Debt free finally
    First house purchase ... 2018
    • Comms69
    • By Comms69 6th Aug 18, 2:23 PM
    • 4,952 Posts
    • 4,975 Thanks
    Comms69
    • #3
    • 6th Aug 18, 2:23 PM
    • #3
    • 6th Aug 18, 2:23 PM
    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
    Originally posted by ktap12996


    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.

    If you have it in writing that 100 is agreed then they have to accept that.
    Originally posted by Trixsie1989
    No they don't.
    • G_M
    • By G_M 6th Aug 18, 2:44 PM
    • 45,563 Posts
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    G_M
    • #4
    • 6th Aug 18, 2:44 PM
    • #4
    • 6th Aug 18, 2:44 PM
    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
    • By TBagpuss 6th Aug 18, 4:47 PM
    • 6,851 Posts
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    TBagpuss
    • #5
    • 6th Aug 18, 4:47 PM
    • #5
    • 6th Aug 18, 4:47 PM
    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?
    • ktap12996
    • By ktap12996 8th Aug 18, 3:32 PM
    • 6 Posts
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    ktap12996
    • #6
    • 8th Aug 18, 3:32 PM
    • #6
    • 8th Aug 18, 3:32 PM
    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...
    Last edited by ktap12996; 08-08-2018 at 3:37 PM.
    • ktap12996
    • By ktap12996 8th Aug 18, 3:34 PM
    • 6 Posts
    • 0 Thanks
    ktap12996
    • #7
    • 8th Aug 18, 3:34 PM
    • #7
    • 8th Aug 18, 3:34 PM
    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...
    Last edited by ktap12996; 08-08-2018 at 3:37 PM.
    • ktap12996
    • By ktap12996 8th Aug 18, 3:36 PM
    • 6 Posts
    • 0 Thanks
    ktap12996
    • #8
    • 8th Aug 18, 3:36 PM
    • #8
    • 8th Aug 18, 3:36 PM
    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
    • By Comms69 8th Aug 18, 3:41 PM
    • 4,952 Posts
    • 4,975 Thanks
    Comms69
    • #9
    • 8th Aug 18, 3:41 PM
    • #9
    • 8th Aug 18, 3:41 PM
    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.
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