Apartment rental debt - arrears being chased

[gregpicard]

Hi guys, looking for a bit of advice on a debt issue.

 

When I left my apartment (end of a 12 month lease) there was outstanding rent of £500. Added to this, were the property agents fees for inventory, cleaning, etc amounting to £240. Total debt of £740. The rental agreement had my parents as guarantors, so they've been chasing us both.

 

When I was abroad they called my home, and my father agreed on my behalf that we could pay them around £250 a month for 3 months to clear the debt (I never actually agreed to this it was just my father). We made the first payment, however could not afford to make the next two. These were due in Novermber and December. We never heard a word from them until this week. I was emailed by the property agents, saying I had 7 days to settle the £500 outstanding or they would 'pass the matter onto their solicitors'

 

When they pass the debt onto the solictors, are they implying that they are intending to take the matter straight to court? I was under the impression, that when they pass the debt onto the solictors, I will be dealing with them directly on the matter and will be able to arrange a new payment plan with them? Also, if this is the case, are they entitled to charge me fees?

 

In reply to their email, I stated that we could not pay £500 immediately, nor continue to pay £250 for another 2 months. I gave them a sort of 'ultimatum', offering to repay £300 over 2 months and the debt to be totally settled (with the remaining £200 written off) or that I would agree a lower repayment amount with their solicitors should they take that route. I also stated that I didn't agree with some of their fees (they charged £130 for cleaning, when we left the apartment absolutely spotless as-new)

 

I'm wondering if they have the power to just launch a court bid to recover that money or if the solicitors have to enter a dialogue with me to negotiate a payment plan too, as I have never said I am refusing to pay the debt.

 

Just looking for a bit of clarification. Thanks for your help.

 

Greg

[AndyOrch]

If and when you do receive a letter from their Solicitor he will (should) allow either 7/14 days for your proposals...this is known as Pre Action Protocol.Not all do and just mount a claim then they are in default of this procedure which would cause sanctions should the question of costs be decided.

 

Regards

 

Andy

[gregpicard]

Hi Andy

 

Thanks for your reply. Just so I'm clear, if the Solicitors just mounted a claim without giving me time to propose a settlement plan to them then they would be penalised on any costs they lump onto my debt?

 

Also, if they do apply for a court judgement without even taking heed of my proposals, is it still possible to negotiate a settlement and have the court action called off?

 

Regards

[AndyOrch]

Hi Andy

 

Thanks for your reply. Just so I'm clear, if the Solicitors just mounted a claim without giving me time to propose a settlement plan to them then they would be penalised on any costs they lump onto my debt? Costs in the claim/litigation

 

Also, if they do apply for a court judgement without even taking heed of my proposals, is it still possible to negotiate a settlement and have the court action called off? Simply defend the matter in full that will halt Default Judgment allowing the possibilty of ADR (alternative dispute Resolution)

 

Regards

 

Regards

 

Andy