First debt recovery

[edwardcullen]

Hello,

I have had a leeter in today asking for a large sum- 1000's from First Debt Recovery. It is from someone who works for an estate agent I was renting from and not the estate agent themselves.

I rented privately from a landlord from Oct 07- March 2010, when the estate agent took over from the landlord. In fact they took over July 2009 but did not ask me to sign any lease. The rent was housing benefit and was paid directly to the landlord. When the new lease was signed I was told to continue for housing benefit to pay as normal.

Whle I lived there there were so many problems. I lived by a railway and when there were raodworks rats came under the floorboards and I had to get pest control involved in removing them. There was damp in one room and the owner of the estate agency told me not to pay he shortfall of rent as I never did have use of one bedroom. This was all verbal but no-one ever chased me for rent.

I was told in May 2010 that the landlord was selling and was given a reference stating- 'rent was paid in a timely manner'. I found somewhere else to live -july 10 and this letter has come out of the blue.

Why would the owner allow me to stay for so long if I owed money? Why did the estate agent give me a decent reference? Why do I now have this 'intention to commence county court action'? Why did the estate agent tell me there was so much damage- childs room- damp ruined tv etc, rats chewed thrugh cables etc- in fact I was given a replacememt freezer as it was unfurnished and I was told my items would be replaced bit by bit- they were not save one.

The health visitor phoned the estate agent and said it was unfit and needed new carpets etc and it was after that phonecall I got the notice.

 

How do I reply? Obviously there is a counterclaim but I can not understand the reference and asking me to leave due to the sale and not arrears? Why is there no breakdown and this the first I have heard- they have my email address.

 

I have been given 48 hours to reply so any advice would be appreciated.

Edited April 20, 2011 by edwardcullen

[Revenant]

Hi edward

 

I've tagged this for a mod to check if your thread might be better off in the Lettings forum rather than general debt

 

If you're using your real name it would be better to change it so you can't be identified, again a mod from the site team can help

 

Good luck

 

R

[brokebutnotbeatn]

aahh, Revenant, your comment about EC's user name reveals your gender/persuasion then again, so does mine!!! x

[Revenant]

aahh, Revenant, your comment about EC's user name reveals your gender/persuasion then again, so does mine!!! x

 

You've lost me a bit there bbnb

 

Just a simple case of the threads to get trawled by DCA's etc so no point in giving away info needlessly

 

R

[brokebutnotbeatn]

Suffice to say Revenant that this is highly unlikely to be a real name - maybe just a bit of wishful thinking! When you get the chance, Google it...x

[Revenant]

Suffice to say Revenant that this is highly unlikely to be a real name - maybe just a bit of wishful thinking! When you get the chance, Google it...x

 

Oh well bbnb

 

A quick Google it was then and in a way a waste of time LoL

 

Have never watched or read anything about Twilight, still live and learn I guess

 

R

[brokebutnotbeatn]

[maroondevo52]

Thread moved to Residential & Commercial Lettings Forum.

[Steve__M]

I'd have thought the debt people might have pointed out that you can tell a debt collector that you dispute the debt and that they should refer the matter back to the agent. Then file anything you subsequently receive from them. If they are not trying hard you may get 3 or 4 more letters and then things may go quiet.

 

Up to you whether you contact the agent. If this is a serious attempt to get money then the agent should contact you directly with details. It may be that they think they already have.

[edwardcullen]

The last email I received from the agent was one claiming I had taken furniture- I rented the place fully unfurnished- even the white goods were mine! I told them I was appalled at the accusation and not to contact me again as all bills had been paid.

Should I write to them? Why was the debt from an employee of the agency and not from the estate agent or even the owner of the property?

 

Thank you for helping.

[Ed999]

My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your pouse/partner/children if any] had exclusive use of at least a bedroom, a kitchen and a bathroom, none of which were shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

Read this FAQ - Disrepairs in privately rented accommodation

 

It explains what repairs the landlord is responsible for, and that he can't ask you to pay for repairs which the law requires him to do.

 

 

No reputable landlord or lettings agency would send you a letter before action giving you less than 14 days to reply. So the letter is best ignored, unless you intend to pay up.

 

If the landlord intends to sue you, he will have to do it himself, because your tenancy agreement was a contract between you and the landlord, not between you and the lettings agent. This means that you can basically ignore any correspondence threatening court action unless it comes from the landlord himself or his solicitors.

 

In my opinion, it might be harmful to reply to the letter. Anything you say can be twisted and used against you in court.

 

Better to wait for the landlord to sue you. He will have to see a solicitor to prepare the court claim, and the solicitor will filter out aspects that are obviously not claimable.

[edwardcullen]

They did ask for my forwarding address when I moved out but I told them that as all bills ere paid up and mail was redirected I would not- after the accusation of me having taken furniture- which I did not as it was rnted fully unfurnished. I find the scenario absurd that the lease was renewed with the lettings agent if I was in arrears.

 

Can I confirm that if the second lease was written between the letting agent and me it is still the owner that has to sue me? (I thought the letting agent acted on behalf of the owner of the rented property.)

 

Thank you- I will not reply and hopefully they will go away.

[Ed999]

As previously stated, a tenancy agreement is a contract between the tenant and the landlord, not between the tenant and the lettings agent.

 

Under the law of agency, an agent is merely an agent. He is appointed by, and answerable to, his principal; and only the principal can sue or be sued on the contract.

 

A principal is liable for the acts of his agent. This is so even if the agent acts beyond his actual authority, provided the agent is deemed to have usual authority to enter into the type of contract in question - and perhaps even if the principal's identity is undisclosed [but you knew in any case who the landlord was]. And there can be no doubt that a lettings agent usually has authority to enter into lettings contracts.

 

See http://www.herts.ac.uk/fms/documents/schools/law/HLJ_V2I2_Rogers.pdf

 

An agent cannot normally be liable to you in damages where he acts within the scope of his authority, or apparant or ostensible or usual authority; so any court proceedings must normally be between you and the landlord.

Edited April 23, 2011 by Ed999

[edwardcullen]

Many thanks for your reply. I have no idea if the debt recovery will persue and will obviously update on this forum.

Should I ignore the letter? I have received nothing else and even have a reference stating that 'rent as paid in a timely manner'; the lease was renewed when it was passed from landlord to agent; housing benefit was paid directly to the owner and I was told not to pay the shortfall as I never had use of one bedroom which had damp in and to compensate for the damage the rats had dne to my personal property. Unfortunately this was said by the agent and nothing was in writing.

[Ed999]

A letter is best ignored, unless you intend to pay up.

 

It might be harmful to reply to the letter. Anything you say can be twisted and used against you in court.

 

Better to wait for the landlord to sue you. He will typically see a solicitor to prepare the court claim, and the solicitor will filter out any aspects plainly not claimable.

[edwardcullen]

Thank yu Ed999. I am an upfront person and have had my own fingers burnt but believe I owe nothing so I will take the advice from this forum and file the letters and hopefully they will go away.

 

This forum is being a great help in hopefully me getting jusice and also moving forward in life and I would lik to thank everyone wh has taken the time to advice me in their selfless manner. People like yourselves are lacking in my life and I do ish you were all closer to home.

[edwardcullen]

Today I received another letter asking for a higher amount- interest increased. Do I ignore every letter? The letter stated the next will be at court- how long do they continue and is ignoring still the best ay?

[Ed999]

A letter is best ignored, unless you intend to pay up.

 

In my opinion, if they intended to sue you they would have sued you. Not written another pointless letter.

 

Nothing has changed.

 

If I were you I would continue to play a waiting game; but the choice, as always, is yours.

[edwardcullen]

Thank you. I just anted to run it buy the experienced people on this board. If I felt I owed anything I would admit it- I pay my bills so am going with what you say... Keep ignoring them.

 

Will keep you posted.

 

Will this caused me to get a CCJ?

[Ed999]

Will this caused me to get a CCJ?

 

 

If you are sued, you will have several weeks in which to pay before judgement is entered for the claimant, even if you enter no defence. If you do enter a defence, you will have several months more before a hearing is held, at which judgement will only be given against you if the claimant produces proof of the claim.

 

No entry is made in the county court judgements register unless [a] you are sued, and you lose the case, and [c] the amount of the judgement remains unpaid for one month after judgement is given.