flatmates debt.

[downbutnotout]

Hello everybody it has been a while since i have had the need to post anything but I need a bit of help on this one.

 

My daughter shared a flat with an old school friend of hers for about 3 years with no problems whatsoever.

the arrangement was that her friend transferred half the money to her account for the rent or handed it to her in cash,

she in return paid a regular sum every month to the friends account for the various bills, council tax, water, electricity and gas and sky tv.

 

 

All went well up to about three months or so before

 

 

my daughter left the flat to move in with her boyfriend,

and it was at this point that she found out that the various bills were in serious arrears

and that her flatmate had used the bill money to go on an exotic holiday.

 

When confronted the friend apologised, and said that all arrears would be dealt with and my daughter had nothing to worry about.

Receipts were shown to my daughter after this to show that the flatmate was repaying the arrears but in small instalments.

 

They gave notice to the landlord that they were quitting the flat and because the rent was being paid through my daughters account there were no arrears.

My daughter moved out of the flat on the weekend before the lease was up

and her flatmate was due to move out by the following Thursday, which was the final day of the lease.

 

 

Unfortunately the flatmate did not move out and stayed on for a further 6 weeks without permission.

No rent was paid in that time.

 

 

Her flatmate did leave eventually but not until legal proceedings had started

and the costs of the legal paperwork were charged jointly and severally to my daughter and her flatmate,

she also lost her half of the deposit because the flatmate left loads of rubbish and mess to clear up after the flat was vacated.

 

 

since that time she has debt collectors calling saying that none of the bills have been paid

and as she is the only one they can trace she is responsible for them.

 

 

luckily she managed to convince the council that she had paid her share of the council tax directly to her flatmate

and the flatmate agreed with the council that it was not my daughters debt.

All the council tax has been repaid but not any of the other debts.

 

We could not trace the flatmate for months until my daughter bumped into the Father of the flatmate

and he said to send a letter via him and he would pass it on, this she did but the flatmate did not reply.

She wrote this of as a bad experience until

 

 

last week when she received another unexpected bill from british gas for nearly £200.

bear in mind that she moved out of the flat about 3 years ago.

 

 

She is considering settling this bill but now wants to recoup as much as she can from the flatmate.

 

The total she has lost at the moment is near to £1,000.

we still do not know where the flatmate lives but do know that facebook friends have passed messages

to say we need to talk but as yet no reply.

 

 

any thoughts on what the next move should be?

 

 

Thanks for bearing with me through this long post

Edited April 20, 2015 by citizenB

[SabreSheep]

Can she prove there was an arrangement to pay 50% of the bills?

 

Does the tenancy agreement support that?

 

If you can provide liability and prove you paid your half then maybe a small claims action would be the way to go, if you can find an address to serve her a letter before action and court papers.

 

You would need to be able to prove what was owed, when it was owed and whom

 

So that also means having copies of bills etc.

 

Also whose name were the bills in?

[dx100uk]

what are the debts

and who is chasing them please

 

 

as for the British gas debt

there might be worth in...they [bG] will need to prove a bill was sent to the correct address

within the last 12mts re back billing rules

 

 

see the attachment.

[downbutnotout]

Thank you SabreSheep for your reply. I only get a chance once a day to catch up on things as i work awkward shifts so i apologise for not replying sooner.

It was only an informal agreement between them to pay 50% each, nothing included on the rental agreement, and most of the bills were in joint names. My daughter is having a root round to see if she can find any old bills etc.

[havinastella]

The simple answer is Joint Names = Joint Debt.

[downbutnotout]

Than you dx100uk.

 

 

This gas bill was being paid to debt collectors at the rate of £20 per month by the flatmate,

but because payments have stopped they are now chasing my daughter for the outstanding amount.

 

 

It would appear that is has been passed around a few DCA's and that is the reason why it has taken so long to turn up.

 

 

My daughter already has markers on her credit file from 3 years ago for this debt

so i am wondering if she should just ignore the debt collector

as i am sure there must be an agreement somewhere between the oc and her flatmate to state that the flatmate will repay it.

[dx100uk]

opps

first glaring mistake here.

 

 

why is a DCA being paid on a gas debt?

 

 

you should only EVER pay the utility company directly.

 

 

smells they are being/have been cash cowed here.

 

 

if she wants to deal with it

deal / talk to BG directly

the DCA has NO LEGAL POWERS here whatsoever.

 

 

dx