Advice on letter to DCA? (re invalid rent arrears)

[chundle]

hello all @ consumer forums, i'm hoping you can help me out with some advice.

the issues are these:

- i was a tenant of a property 2003/4
- the property was transferred to a new landlord in 2005
- they seemed to think i was still a tenant and are trying to collect for 20 months rent, 2005 to 2006
- it appears the original owner has no records to prove that my tenancy was terminated (and neither do i) though they wrote a letter in support that the balance of probabilities was that my tenancy was terminated as i stated; but the obligation presumably should be upon the new owner to prove that i *did* have tenancy rather than on me to prove that i didn't. the new owner has dismissed the letter from the old owner.
- in their most recent letter, they made a mistake (presumably) raising the amount quoted from £1130.37 to £11302.37 -- i accept that this was probably a clerical error, but can this mistake be used in my favour?

i want now to send a more strongly worded letter to the collection agency, and would like your advice on what i'm sending below. any particular laws that i can quote? should i send something to the company initiating the action too, or just the collection agency?

big thank you in advance!

Thank you for your letter of April 21, 2008.

I continue to dispute your claim for rent on the above address; I dispute that I was a tenant during the dates in question; and I dispute that I ever had a tenancy agreement with [company name]. I therefore do not acknowledge any debt to this company.

You have inexplicably increased the amount tenfold, to £11302.37, in your latest letter which renders your claim particularly egregious.

I have therefore consulted a solicitor and understand that it is you who are under obligation to prove such a tenancy agreement beyond reasonable doubt. I have had several phone calls with [name], of [company name], and requested evidence to support such a claim but he has refused to provide this, insisting that I prove the contrary.

I request once again that you provide this evidence. I require evidence of any process that [company name] followed to resolve this issue prior to appointing a collection agency. I also require information about how the claim amount has been calculated and the names and titles of those [company name] employees involved in the claim.

If I do not receive such evidence within 14 days of the date of this letter then I will presume that you have none and that you have no right to pursue me for this matter.

I have wasted many hours dealing with this spurious matter, taking valuable time away from directing my business.

I believe that [company name] and [collection agency name] have been negligent in pursuing this claim and regard the continuance of this as harassment. I have therefore reported this case to Consumer Direct London at the Office of Fair Trading.

I have initiated a complaint with [company name] regarding the manner in which this matter has been conducted.

I am also collating evidence of the time spent dealing with this in order to support a counter-claim should the need arise.

Yours sincerely,

[ashmk]

This would get better help if you request it gets moved to the letting section of the forum found here.

http://www.consumeractiongroup.co.uk...cial-lettings/


Edit : Oh 200th post



Sorry my bad, on reading it again i see you want to deal with the DCA in regards to this matter.

[chundle]

(thanks, ashmk, i changed the subject description to be more appropriate)
hmmm.... it appears that i only changed the subject of my initial post, not the thread as a whole...

anyway, it *should* be " Advice on letter to DCA? (re invalid rent arrears) "

[pt2537]

Hi there

Im not sure that this thread is in the correct forum, the residential and lettings forum as suggested would offer a greater chance of recieving the reply you are looking for, therefore i am moving the thread to the residential forum

i will also rename the thread for you as requested

[Aequitas]

Before commenting on the letter:

1. Can you prove you have been living elsewhere since you left? For example a copy of another tenancy agreement or (if you have bought) a copy of the register at the Land Registry. Or perhaps some utility bills?

2.Can you get statements from friends that you left the property when you say you did?

3. Have you moved to another town?

4. Have you spoken to neighbours to establish if anyone else was living at the property during the relevant period?

5. You say the property was sold after you vacated. Ask the old owner for a copy of the contract when he sold. It should refer to the property either being sold with vacant possession or subject to a tenancy to X or a tenancy created by an agreement dated...

[chundle]

thanks for the response aequitas.

(btw, importantly the tenancy was for a garage, not a residence)

1,2,3 yes, i can prove that i moved neighbourhood, though not to another town

4 no: since it's a garage, there were no neighbours

5. i can get this, but it's a bit of a hassle (it was originally a council property, and it is difficult to get this info out of their archive); but in any case, my main point is that it is the new owner that should provide evidence of my tenancy, not me who needs to prove that i didn't have tenancy.

thanks for any pointers.