Direct Collections

[Scooters]

I have an on going dispute with my previous landlords for outstanding rent on a property we lived in for over 2 years. The amount is around about £2600 but the landlord is trying to add monthly interest that has seen this rise to over £4000 (this is since June last year). At the same time the lanlord has essentially stiffed us out of £1700 deposit which they are retaining due to damage to the property (not true) and costs to replace a lawn killed by the drought (despite informing them at the time the lawn was being killed due to the hosepipe ban). In fact we spent over 500 on the garden and £600 on the house during our time there.

Initially the landlord handed this to his solicitor who I dealt with. Everything went quiet for some time - next thing I know I get a letter from a XXXXXX from Direct Collections demanding full payment. I contacted the soliciter who had no knowledge of this company - he mentioned that it looked like the landlord had decided to use a debt collector.

On speaking to XXXXX I acknolowledged that we owed the landlord some money but were in dispute about how much. He asked us for a bona fide payment and I agreed to pay £1000 towards the account on the understanding that we would not pay anymore until the amount was agreed. I was then told by a solicitor not to pay them anything until the amount had been agreed. Direct collections have got aggressive with frequent phone messages and on one occassion a heavy turning up on the door and demanding money from my wife (holding our 1 year old at the time) This is compunded by me living away from home during the week.

I am concerned that the door stop visits stop -

I am happy to come to an agreement but am not going to pay the landlord anythng until we have agreed on a final figure and breakdown.

Any suggestions?

[Hopeful1]

Scooters, i am bumping this for you as i am sure how to advise.

I did wonder though if you signed a contract with the landlord? Has he broken down the amount he is charging and specified what each charge is in turn? I am wondering what legal right a debt collection company has to chase you for this? They do not have the right to harrass you or your family regardless of how much you owe.

I would advise that you keep all communication in writing. I would be wary of accepting any verbal advice.

I am sure someone will be able to offer more specific help.

[Hopeful1]

Here's a letter i've used (taken from this site!) re doorstep intruders!

Dear Sirs,

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

Should it be necessary, I will obtain an injunction.

Yours sincerely

[Scooters]

Thanks folks,

Yes, we did have a formal contract with the landlords and it is binding. However, they have mis understood the application of interest. I deliberately sat on the last month's rent because I suspected we may have issues over the deposit. The landlords are private individuals who had this as a buy to let property - everything was fine until April last year when they decided that they wanted to sell. We were told to be out by the end of June - we left on the 17th June and the landlord is trying to claw back May and the whole of June. They have also witheld all but £120 of the deposit - they have detailed each item on the inventory - charging us £5 for a light bulb and over £500 for cleansing (despite us having the place professionally cleansed). Thing is that they didn't sell the place until last month so it has sat empty for months - they have obviously been in fiscal straights and it is interesting how the amount clawed back from the deposit equates to 2 morgtage payments for them exactly.

Now I know this isn't a forum for tennancy disputes but they have now got this mob from Direct Collections involved and I'm feeling pretty vunerable as far as I am concerned the amount is in dispute. Were this a credit card debt then it would be pretty clear. As it is it looks like they are trying to recover their money (and I am wiling to pay some of what they ask) using a DCA - I would have thought it would have been easier and cheaper for them to sue us and I would prefer that because at least a 3rd party could adjudicate. Instead, I feel like I am being threatened and bullied and do not see how I can defend mself against them.

Thaks for the letter Hopeful1 - I live in Scotland -would this work in Scotland? The property in question, the DCA and the landlords are all based in England - as common Law doesn't apply north of the border is there a letter I need to use to protect myself - I know that aspects of Scots law can protect you from such behaviour.

Is there any way I can force the landlords to sue rather than choose the route they have?

[Hopeful1]

Scooters, i wouldn't try to advise you on this situation as i am not knowledgeable enough. See what you responses you get during the day from the others. If the right advice isn't forthcoming, we can PM your link to a site helper or mod for further advice.

[ODC]

Originally Posted by Scooters

Thaks for the letter Hopeful1 - I live in Scotland -would this work in Scotland? The property in question, the DCA and the landlords are all based in England - as common Law doesn't apply north of the border is there a letter I need to use to protect myself - ?

The DCAs will not be aware that Common Law does not apply. Just remove the reference to ENGLISH and it will suffice. Our resident Scottish expert Rory will be along to give you the woridng you need to quote for Scotland, but if you send them hopefuls letter that will suffice in the meantime.

Should another heavy appear at your door I suggest your wife telephones the Polis and reports a breach of the peace or that she feels threatened.

[Scooters]

Thanks ODC