Jump to content


  • Tweets

  • Posts

    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
    • There were 1,348 company insolvencies recorded in August 2021 in England and Wales, according to the latest figures published by the Insolvency ServiceView the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

I am a Landlord: Don't shoot me I have a question!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5013 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Landlords do post here and quite a few landlords are available to answer questions from a LLs perspective

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

Link to post
Share on other sites

Thanks Becka I'll try that.

 

And Jen, you're joking, I scrolled through posts here after I posted and found one landlord who appeared set upon like wolves by everyone. Nooo thankyou, I'm already in fear for my safety and sanity.

 

I have popped a suggestion over to the administrators of the site to possibly re-name this forum 'Advice for Tenants' so landlords dont wander into the wrong side of the stadium too often, I hope they do.

 

Peace.

Link to post
Share on other sites

un-bloody-believable.

 

Shame that you have edited your original posting- you needed a lot of advice, believe me, I saw that posting. Shame about your delicate sanity level- if you think a few posts could affect you, maybe you should not have lodger (NOT TENANT) who dares to cook, listen to music and shower.

As for the "wrong side of the stadium"- puuhlease, you do not know what you are talking about. This is one of the most helpful, polite, informative, respectful, impartial, up-to-date and passionately caring forum in UK on matters of tenant/landlord laws, on par with much older Landlordzone. The contributors here get very rarely frustrated with posters and are quickly brought to order by others- I know, as I am the one with a potty mouth and short fuse!

 

Fancy someone popping in for 2 seconds and shooting their mouth of like this! !!

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

only one? I count at least 3 excluding the knowledgable Joa who seems to know things from both angles. Splitting the forum will mean hardly anyone will be available to advise the LLs even though some tenants do know about the relevant law despite not being landlords themselves.

 

slightly irked now (at the OP, not admin who are just responding to a request)

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

Link to post
Share on other sites

The reason there are more threads about tenant problems is simply because more people post them.

 

Well spotted demon. More tenants have problems with landlords and less access to resources then landlords who have problems with tenants. Nothing, absolutely nothing to do with us hounding landlords away (although I did try very hard once, but am reformed :cool: )

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Not wanting to slate the admin, but lets remember that all the OP has done, admittedly misguidedly, has put a request in. The admin jumped in(IMO somewhat heavy handed) and done the changes as mentioned. I do not want to slate them too much, as a) I dont want to be slapped down and b) I do generally think they do a good job.

 

My only request would be that before admin act on such a request, they analyse the context behind it. In this situation, as the user in question had only just posted on this section, it would have been nice to ask the regular posters in this section their opinion and consult on this basis, as they are the most likely people to know the potential effects of such a change. At the end of the day, this forum would not exist were it not for the regular posters in particular areas, and this should maybe be remembered when making such wholesale changes. In particular, and with the greatest respect to the admin, they do not know the aspects of letting law, and therefore do not know how interlinked the two sides of the coin are - the regular posters do(I hope!).

 

I hope this has not appeared as too negative - just want to basically make a suggestion for future reference :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

True MrShed.

 

To be fair the OP could have just left his question while admin investigated though, now we're all talking on a half-dead thread

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

Link to post
Share on other sites

Nevermind, I can see this isn't the place, I dont see any landlords posting.

 

Could an administrator possibly re-name this forum 'HELP FOR TENANTS' ??

 

Landlords do not often post questions it is agreed. However, I see LOTS of landlords posting - in response to questions by tenants. For example myself, and I know of at least one other regular poster here who is a landlord. I suspect that all of the regular posters in fact(with one notable exception - you know who you are!:D) landlords themselves. This is due to the simple fact that you do not get this kind of level of knowledge purely as a tenant or an onlooker - you get it by being a landlord - generally speaking.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

I do not want this whole forum to become a grumble point for this change, and so my post above will pretty much(!) be my last on the subject - I feel my point is made.

 

The only thing I want to add is that I hope BankFodder will do as he suggested on the other thread and rather than just change it and thats it done with, maybe in a few weeks consult with the regular posters in this section and ask their opinion on how it is running. It is easy to say that the issue will be reviewed - quite another thing to actually do so.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

I'm just in it for the banter MrShed (and you all love me really), lol. I've managed to aquire some random knowledge of everything, comes from dating a law student who loves tax law like I love chocolate. I like to think I contribute something useful every few months or so :p

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

Link to post
Share on other sites

  • 3 weeks later...

Hello, this is my first question so I hope its in keeping. I am about to rent out a property for the first time. I wondered if someone might give me some advice about getting bank references for a tenant. When I have been a tenant, I have filled in a standard form and ticking a box agreeing to pay for the reference and giving my account details. Is this acceptable? If so, where might I get such a letter and will it be acceptable to most banks? Many thanks in advance

Link to post
Share on other sites

  • 1 month later...

Would have loved to read onavamps 1st posting hehehehe b4 there edited it.....

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

Link to post
Share on other sites

oh, it was something truly ridiculous; she's had a lodger whom she wrongly believed to be an AST tenant, she was outraged because the lodger used kitchen and a bathroom at night, she was totally unreasonable in her expectations of what lodgers could be allowed or could not- she needed a lot of help and correcting. And worse of all, she stupidly whined that there should be a separate forum for tenants and landlords (the irony of it- she not even a landlord!!) and the site owner believed her and split the perfectly working landlord and tenants forum into two separate ones. Well, we have been promised that the situation will be reviewed and that the forums might be put back together....

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...