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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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asme

Surrender of Tenancy.... Letting agent demanding payment not landlord ?

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Hi All

 

I signed up as I have a question regarding my attempt to surrender my tenancy after 4 months of signing a renewal. I have personal reasons for wanting to leave which do not effect the problem I have. It is a genuine reason I have been at the property for over two years (this is my third renewal). I would rather keep the reason to myself as I do not want to be identified just incase the letting agent may read these forums.

 

I understand that a surrender is a mutual agreement between landlord and tenant to release me from the tenancy agreement. I fully understand I am liable for the rent etc. There are no break clauses in the contract.

 

Here is my issue. The lady I spoke with today (letting agent) has said that the landlord has paid (or will pay in monthly instalments) her £1200 for the year tenancy for management of the property plus £150 admin fee for finding me as a tenant.

 

Now the thing is, she has said If I want to leave then I need to pay £800 to the letting agent plus £150 admin fee to find new tenants. This is due to me leaving four months into the contract (1200 - 400).

 

There is no mention of this in the contract I signed nor do I recall ever signing any other document to say this would be ok to charge in this event. The agent admits it is not in the contract (rather forcefully) and keeps on going on about how I signed a legally binding document. By document they refer to the assured shorthold tenancy document. Not once have they mentioned any other document (such as a terms and conditions document for them as letting agents) outlining these charges.

 

I should point out here the Landlord has not been contacted let alone stated this figure would be required to accept the surrender, this is the letting agent who is asking for this and they said it is not negotiable it must be paid by someone (me or the landlord).

 

So even if the landlord did agree to pay this, they are then going to charge the landlord for a new 12 month period of £1200 plus another £150 admin fee for new tenants. So of course landlord will not agree to this I imagine.

 

The letting agent also threatened to simply not bother emailing the landlord at all the more I pushed her on the issue, it seems to me they want to pocket the £800. I am quite happy to pay any rent up until someone else comes into the property, and even happy to pay the admin fee but I cannot make sense of the £800. The letting agent argues they are entitled to this money as they did the work of finding me as a tenant but to my eyes it is free money for them.

 

I have tried to get advice from the CAB but I was unable too today. Also tried shelter and they were always busy......

 

My worry is I do challenge them more on the issue and they refuse to ask the landlord full stop about a surrender. I have landlords address which I am considering writing too after I have some facts.

 

Can anyone help? Is it worthwhile checking any industry bodies if this is standard practice?

 

Thanks

 

 

PS on reflection even if there was some way to prove this charge was dodgy (which it may not be of course also), then they would just go to the landlord and say "you have to pay this" and he will say no I wont I will not release him. Seems I cannot win here.....

Edited by asme

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You haven't made it clear. I assume you have contacted only the agent, and the agent has agreed to surrender on the condition you pay this money.

 

It is not abnormal for agents to charge landlord fees for finding a tenant and monthly fees for managing the property. The landlord's contract may require him to guarantee paying the fees for the full 12 months if he agrees to a surrender.

 

It is not abnormal or unlawful for tenants to have to pay to end a tenancy early. Either tenants can be asked to cover rent and costs till the property is re-let, or tenants can be asked to pay a fixed sum to end the tenancy (with landlord taking risk that the property may not be re-let quickly).

 

Unfortunately, as the agent has been empowered by the landlord, and as you do not have any knowledge of the agent-landlord agreement, then unless you can contact the landlord directly, there seems little you can do if you want to safely surrender your tenancy. It seems in this case that the agent is simply protecting his own interest, though.

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You haven't made it clear. I assume you have contacted only the agent, and the agent has agreed to surrender on the condition you pay this money.

 

It is not abnormal for agents to charge landlord fees for finding a tenant and monthly fees for managing the property. The landlord's contract may require him to guarantee paying the fees for the full 12 months if he agrees to a surrender.

 

It is not abnormal or unlawful for tenants to have to pay to end a tenancy early. Either tenants can be asked to cover rent and costs till the property is re-let, or tenants can be asked to pay a fixed sum to end the tenancy (with landlord taking risk that the property may not be re-let quickly).

 

Unfortunately, as the agent has been empowered by the landlord, and as you do not have any knowledge of the agent-landlord agreement, then unless you can contact the landlord directly, there seems little you can do if you want to safely surrender your tenancy. It seems in this case that the agent is simply protecting his own interest, though.

 

Yes I do have the landlords address (in another country) but it would be most unlikely that he will agree I would think. The letting agent has said they would put forward the offer of paying their fees to the landlord so the idea being there is no cost to the landlord therefore they should not object. I still smell a rat with these fees but it seems the tenant has no rights, whats to stop the landlord asking for the moon. All jokes aside there seems to be no limit to it really, hard to find guidelines other than "pay whatever and you should be jolly well grateful you are getting out of it".

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