Please help - dispute with previous landlord and now involving Direct Collections

[smallbutmighty]

Hi all,

 

Really sorry if I have posted this in the wrong place so do tell me

 

We have a dispute with our previous private landlord over outstanding arrears, I will try and keep it short -

 

Firstly when we moved into the property we had to redecorate, clean (it was disgusting and the bathroom toilet was vile). We notified the landlord and the property manager of this and whether they chose to do it or we would do it and invoice them for the labor and materials as according to our agreement the property was menat and should be put back to neutral colours etc etc. S we carried out the work and the invoice total came to £1200 which we sent to them, they acknowledged verbally however we have still never received payment for this.

 

My partner and I fell on very hard times at the end of last year as his business died of death (he's a builder) and we fell behind with our rent, we notified the landlord of our situation and managed to keep paying them until we exhausted all avenues until we had to go to the council and ask for help, neither of us had done this so all very new. Council were lovely but we fell a month behind on our rent- when we notified the landlord that the council were involved and back dating our rent to cover that month they basically told us they didn't care and 4 hours later whilst we were at home as I had just had my son who was only a week old a section 21 was posted through our door, we tried to resolve this but they were not interested.

 

We moved out at the end of April due to this prior to the eviction - our parents helped us secure our new property. However during the period whilst we were moving furniture etc to the new property they entered the property illegally (they have admitted this) not once but twice! Stupidly at the time of moving I couldn't find my watch or earings and I thought I had just packed them but never brought this up since finally unpacking they and several other items can not be found

 

Not only this but they have kept our deposit without informing or notifying us and are still trying to claim an outstanding amount. We openly gave them our new address and they have the correct contact numbers yet have made no effort to resolve this matter or speak with us

 

Where do we stand as I have had a thug from direct collections turn up who I have to say was down right rude and told me they would make us bankrupt. He went off this afternoon and said that he would be back this evening with a bankruptcy order - needless to say he hasn't reappeared! His behavior was intimidating. I was at home with our son on my own and from what I have seen on this site they are not pleasant to deal with. He showed me no paperwork or id except for a business card -- I have to say they must be doing well as he was driving a brand new bmw!! I explained the situation and that there was a dispute and his attide was tough **** not my problem pay up and I will go away

 

Could anyone offer any ideas in regards to the dispute and secondly how do I stop direct collections ltd, I do not want to be put in a situation where I feel unsafe and threatened especially with a young baby ??

 

Thanks

[mariner51]

Rather than confused narrative I think most would like a precise timeline and details of the TA.

[seanamarts]

Was your deposit placed in a Tenancy deposit protection scheme, it sounds to me that it wasnt.

 

Have a read here.

https://www.gov.uk/tenancy-deposit-protection/overview

 

How much rent was owing when you left the property, how much was your deposit and have you a receipt or any documentation that you carried out works on the property, it would help if you had photos of the property before you had any work done.

 

You can write to the debt company requesting that all correspondence with regards to this matter be done in writing in future and any doorstep visits will not be accepted.

 

If the deposit was protected, then find out who it was protected with. The agents should have this on file. You can then get in touch with them and raise a dispute, but you only have a limited time to do this. The link I gave should give some info with regards to the issues that you have with your ex landlord.

[BRIGADIER2JCS]

Has the LL or the DCA issued a 'statutory demand for payment'?

The deposit CANNOT be used to offset arrears.

 

This agent of DLC did he claim that there had been any previous court action or that an SD had been issued and not complied with or set aside.

 

Claiming that he will return with a BR order is in my opinion a breach of the OFT Guidance on Debt Collection as it is deceptive and misleading.

 

Has the amount of this alleged debt been stated? Is it more than £750.00 which is the threshold for issuing a stat demand and or BR petition.

[smallbutmighty]

No-one has issued a demand for the repayment, no court order etc, Our deposit was placed in 'my deposits' which is a deposit protection scheme I believe. On the visit yesterday he returned from his car saying that they would accept £700 and that would be the end of it.

 

The debt outstanding is £2400 however this is where the problem lies as we as a company are owed £1200 for the professional redecoration of the property at the beginning of the tenancy - we have receipts, invoices etc - they acknowledged and agreed to this before we commenced the work by the way (we run a property refurbishment company), we have photo's of before and after along with current tenats that are happy to provide statements. there are also other disputes that we have the main one being of the fact that we had a constant sewage reflux (by this I mean that I had what had been going down every one elses toilet coming back through mine and the bathroom plughole!) in the toilet and bath and this was never seen to - I will also state that it was a fixed 'mobile home' and a shorthold tenancy agreement.

 

Prior to us leaving we offered to pay the £1200 and they did not want to know and were told that legal proceedings were in process and that was it??

 

In short they have taken the deposit which was £1200 the os deb owed to us is £1200 so all in all no money is owed to either party - not that simple I am sure

 

Direct collections have turned up again today and despite being told there is a dispute they do not want to know. I also received a letter from them this morning dated monday this week stating that we have 7 days to contact them in order to respond prior to them taking action. He again showed up with no paper work or id and I told him that I would not deal with them unless they had identification and paper work to which his response was be a shame to mark a pretty face.

[smallbutmighty]

I will also also say that although a section 21 was issued ther were no court orders

[seanamarts]

Court action wont proceed as you have moved out of the property. Have you spoken to the deposit scheme? you should be able to place a dispute with them

[BRIGADIER2JCS]

Would you like me to draft a letter for you to attempt to get them off your back, they are already in breach of the OFT Guidance.

[smallbutmighty]

A letter would be greatly appreciated

[raydetinu]

They cannot keep harassing you, if they turn up again, call the police. ( potential breach of the peace ).

DCA cannot do anything without a court order.

If you want it settled; take the LL to SC court for the £1200 he owes you and return of deposit and let him counter claim for the unpaid rent.

[BRIGADIER2JCS]

A letter would be greatly appreciated

Will do later today for you!!