Former HA Tenancy Rent Arrears - Regional Collection Services

[born85]

I've just checked my Noddle report (first time in 3 years, I really should do it regularly!) and there are no CCJ or any court claims listed.

[dx100uk]

does your old address show in linked addresses?

dx

[born85]

Doesn't show any linked addresses but I was never on the electoral roll at that address.

 

I am at this address and it shows all my current and old accounts from last 6 years.

[dx100uk]

opps should never not go on voters

add that address to your CRA file

just to make sure.

 

but safe to say that dca is trying to fleece you blind and need reporting.

[stu007]

Hi

 

I agree with dx100uk this is a DCA trtying to fleece you for those rent arrears who have no powers as they are not Enforcement Officers (Bailiffs)

[born85]

Thanks all, I have emailed the HA again and told them that I will not contract with the DCA and that I will be paying the payment plan with them directly. Just waiting to see what they say now.

 

I'm happy to deal with the HA to clear this debt, I just don't want some "Bailiff" coming to my door as the letter tries to make out. As it's been made clear on here that they are just a toothless DCA then I can sleep better tonight.

[dx100uk]

don't leave it there

complain!!

[ericsbrother]

People who are owed money must take steps to minimise their losses so in practical terms means writing to you saying exactly how much you owe and how they expect you to pay it before they try anything else.

 

A debt collection agency is employed by the creditor to attempt to obtain payment on their behalf and so cannot add anything to the debt.

Most people dont know this so the dca's put an amount in their bill and hope that you pay it blindly.

 

If the creditor wants to come to an arrangement so that you pay this over an agreed period they are entitled to do this but there is something they cannot do and that is actually refuse payment and then use the courts to recover the monies owed.

 

In your case you asked for a payment plan and they refused referring you to the dca.

If the dca aaccepts this then they cant add their fee to the account as it is not part of the debt and you have not signed a credit agreement with then (if you had it woulf be an unfair contract so void anyway) so all you have to pay off is the principal sum.

 

I would try and get the councils refusal to agree a repayment plan in writing as this means they would have failed to mitigate their losses if they then refuse and you would therefore owe nothing. They cant force you to go to the dca as they have no rights or interest in this matter, same as I cant lend you my next door neighbours ladder just because he says I can borrow it.

Edited March 29, 2018 by honeybee13
Paras

[born85]

I've had an email reply back from HA saying they will put note on my account that I'm starting payment plan from 1st April paying directly to HA.

They also say they have told the DCA this.

They go on to say that if I don't keep up with the payment plan they will refer me back to Regional Collection Services.

 

I do have it in writing (by email) that they were first refusing to take my money at first but not sure if email counts or if it needs to be on paper.

[AndyOrch]

Email is fully acceptable.

[ericsbrother]

Hopefully this will settle the matter if you can agree a suitable sum and stick to it. as for referring it to RCS- that defies my comprehension but presumably they like to use it as a threat and probably the person writing to you doesnt understand things properly so is unaware that would damages the HA's ability to demand payment.

[AndyOrch]

I think they fully understand completely.....Bailiffs and Enforcement splattered all over the Header and written in RED....most would fall for it

[ericsbrother]

I menat the junior at the HA, not the dca pretending to be Dog the bounty hunter

[mariner51]

You still have not said whether your credit report shows a CCJ against you?

It would be unusual for an HA to only get a Repo order and not ask for Money Order & costs, which I suggest is represented by the £390.

Did you attend the Repo hearing?

[dx100uk]

so action post 29

[born85]

You still have not said whether your credit report shows a CCJ against you?

It would be unusual for an HA to only get a Repo order and not ask for Money Order & costs, which I suggest is represented by the £390.

Did you attend the Repo hearing?

 

Checked both Noddle and ClearScore and there are no CCJ against me.

Surely if they did they would have already come looking for me as it's not like they don't know where I'm living.

 

Plus the letter I got from the HA 2 years ago and recently (day before RCS letter arrived) both only state the arrears balance asking for payment.

I never attended any hearing.

 

If I add the address to my CRA file will that not impact on my credit rating?

I'm down to 2 defaults which are due to drop off at end of year and don't want to mess it up again.

[dx100uk]

living in fairy land..

don't ever run and hide

you wouldn't have know about anything if it was all sent to your old address

[born85]

I would have thought any CCJ court claim would not be issued until after I was evicted so what would be the point of sending them to an address I no longer resided at.

[AndyOrch]

You can search at the following...the CCJ register..there is a small fee...

 

https://www.trustonline.org.uk/search-yourself

 

but I doubt very much there is any judgment.

[stu007]

The simple way to check if the HA have got a CCJ against you as they are allowing you to set up a payment plan for the arrears is to ask them in writing and if so for the court docs reference.

[dx100uk]

I would have thought any CCJ court claim would not be issued until after I was evicted so what would be the point of sending them to an address I no longer resided at.

 

to gain a default judgement.

 

search your old address using the info andyorch gives above

[dx100uk]

and