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    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking.   They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter.   As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
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jonnyk

Debt that should have been covered by Housing Benefit being chased

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Hi,

 

A friend was receiving housing benefit paid directly to the housing association where she was living until April 2014, when she moved to private accommodation. 

 

She recently received a letter from a debt collection agency requesting payment for around £1200 due to unpaid rent from her time at the HA. 

 

This was the first letter that has been sent, and was out of the blue as rent at HA was all covered by housing benefit, and paid directly to HA. 

 

She sent a 'Prove It' letter to debt collector - they then sent back a schedule of rent / payments that showed housing benefit hadn't been paid by council for the last 3 months of her occupancy.  It also showed that during her time there, housing benefit was paid sporadically, so there might not be a payment for 3 months, and then 3 payments made in a week to cover this.

 

It looks like that the housing benefit was not paid on time by the council over the last 3 months of residency - and this has remained outstanding until now.  

 

She is now getting letters threatening bailiff attendance.

 

What advice should I give?


Any help much appreciated.

 

Kind regards,


JK

 

 

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Who's the dca?

bet it doesn't say will anything if read CAREFULLY


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UKSearch Limited

 

Sorry I'm not sure what you mean "bet it doesn't say will anything if read CAREFULLY".

 

Original letter states:  

 

"Dear XXXXX

 

Re: Debt Address: XXXXXX

Type of Debt: Former Tenant Arrears

 

UK Search act on behalf of our client XXXX who has instructed us to recover the amount of £XXXX, being owed to them under their reference above.  As you have not responded to earlier communications to clear this debt in a satisfactory way.  **There weren't any previous comms**

 

If you are unable to pay in full, call us immediately with your proposals for repayment.  We will consider repayment by installments, based on your individual circumstances.

 

If you do not respond to this letter within 7 days , we will need to escalate this matter to recover the debt on behalf of XXXX.  If you call us, we will explain this further."

 

 

Does that help?

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As i said..it does NOT say WILL anything.

a dca is not a BAILIFF

and have

ZERO legal powers

and even less on a debt they do not own.

 

Until or unless your friend gets a letter of claim from a solicitor

they are safe to ignore everything.

 

Stuff and all they need to do ..

 

Dx


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Hi

From your thread this seems to be the Housing Association that is taking this action against her.

 

Did she end her Tenancy giving the required Notice to the Housing Association?

 

Did she receive any Notice from the Housing Association (HA) or was she in a Payment Plan for the Rent Arrears?

 

If not to above then Formal Complaint to Housing Association and Title it as such. (in the letter ask for the following)

 

1. Rent and Service Charge Policy (not the leaflet)
2. Rent Arears Policy (not the leaflet)
3. Full Rent Statements From XX/XX/XXXX To Date.

 

(She needs to know is the Housing Association followed their own policies to progress it to this stage)

 

She also needs to send a Subject Access Request (SAR) to the Housing Association (HA) asking for 'ALL DATA'.

 

Please note what has been said in previous posts, a DCA in NOT a Bailiff and has No Legal Powers


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks Both.

 

I think required notice was given, and I don’t think there was any payment plan - just housing benefit being paid directly to HA without touching tenant.

 

Also conscious that the last overdue rent payment listed was April 14, so 5.5 years ago.  My understanding is that when the age of this debt extends to 6 years old, it becomes statute barred and unenforceable, providing it is not acknowledged...

 

I’m wondering whether it would be better to ignore the correspondence and hopefully this would not be escalated to bailiff, playing the waiting game until April 20, by which time there would be no way of legally chasing the debt?  Could there be a danger of engaging in further dialogue, which would jeopardise the statute barred timeline?

 

Many thanks,

 

JK

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Find out why Housing Benefit was not paid, by contacting Council. Perhaps if it could be paid by Council, there would be no debt ?

 

Yes hands could be sat on until statute barred, but it might end up in Court before the 6 years.

 

Better to find out what can be done.

 

 


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have to get a CCJ to ever get bailiffs involved

and even then there is no right of  entry

so stop worrying.


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Hi

 

Please stop worrying again a DCA has NO Legal Powers  and she is dealing with a DCA at present.

 

For Bailiffs to be involved it would have to be the Housing Association (HA) not the DCA that goes to court to get a CCJ (which she can defend if they do) before the HA can even think of getting Bailiffs involved.

 

As this supposed Debt is over 5yrs old I bet the Housing Association has written the Debt off on its Financial Statements & Accounts but it does not stop them trying to chase the debtor.

 

As previously said by others until she gets a Letter of Claim (if she does come back here for advice) I would just Ignore the DCA as they cant do anything as the Housing Association would need a CCJ and then wouldn't employ a DCA if they had one.

 

 


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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