UNITE accomodation - unexpected contact from collection agency

[junk0r]

Hi,

I was living with Unite student accomodation, during 2005/06. They're awful, don't go near them - thoroughly overpriced! They didn't breach their contract, apart from to once send a fairly derogatory letter demanding £150 and accusing "vandalistic behaviour" when burning oil set off a smoke alarm; of course the £150 wasn't on their list of agreed charges, and nothing came of it.

Anyway, I thought they were crap, and left the country £458.76 in debt to them. I've recently started to be hassled by "Credit Collections ( UK ) Ltd", who claim this amount, but all they're able to send to prove this debt is a copy of the tenancy agreement. I've never heard of them, and asked them for "A signed true copy of the deed of assignment of the above referenced agreement". I haven't seen a balance, and I don't yet recognise any debt to them whatsoever. Am I doing it right?

Leon

[Ed999]

This is not a landlord and tenant issue.

The existence of a contract debt is a matter of contract law, and debt "factors", as they are called, are legally entitled to buy a debt from the original creditor and then pursue the debtor themselves.

The debt factor takes an assignment of the debt, in writing, from the original party to the contract. This gives the factor the legal right to payment, and they can sue the original debtor, subject to the statutory time limit for bringing a claim in contract (normally six years).

The assignment gives the factor no greater rights than the original creditor had, so the factor must still prove the debt, unless the debtor admits liability.

If the debt factor sues you, it will have to prove the contract under which the debt arose, it will have to prove your original breach of contract, and it will have to prove the damage arising from that breach.

If you force it to sue, it must prove all these things. In comparison, proving the assignment of the debt to it is a trivial point.



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