Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: kris9128 on 29 December 2008, 18:38:38
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got 2 letters today from debt recovery company. apparently i owe them 219.73 for gas and electric from a national supplier.phoned said supplier and it appears the debt is from previous tennants. phoned debt recovery company and got through to the snottiest tw*t ever. told her about it being previous tennant and was told i HAD to send them by RECORDED delivery in 7 days 2 proofs of ID, 2 proofs of address and the ORIGINAL tennancy agreement with a written statement explaining the situation. if i dont then they will take me to court. i asked how could they take me to court for a debt that wasnt mine. was told they have given me plenty of time to prove i dont owe any money and that if it goes to court they will win, i will have to pay the debt plus expenses.
is this true. what will happen if i dont prove its not my debt and it does go to court. and can i just tell them to get f***ed.
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well if your in the right let it go to court, i would after the attitude they have come out with. my sister got refused credit in her new house yrs ago cause the previous owners were in so much debt?? :-?
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Can't give you an answer, but either drop a post in the legal thread (top of the page), or ask on the moneysavingexpert.com forums - many a clever soul on there who know the ins and outs of this sort of thing (and Debt Recovery Agencies..)
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Tossers
Sent them the info they requested.
Plus an itemised bill for photo copies, and your Admin expenceces.
Tell them they have 14 days to payup or the bill increases by 10% weekly.
See how they like it.
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Is your name being used in the debt recovery documentation Kris or the previous tenants? :-?
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Pretty sure that the legal system, on the whole, in England revolves around the burden of proof being on the accuser......
definitely don't just take my word for it, but the basic premise is innocent until proven guilty
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i'm in the frame of mind to just let them take it to court, cant see how they can possibly win. but the missus is scared of getting bad debt against us. they have no name and addressed the letters to the occupier. but when i phoned they took my name.
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Tossers
Sent them the info they requested.
Plus an itemised bill for photo copies, and your Admin expenceces.
Tell them they have 14 days to payup or the bill increases by 10% weekly.
See how they like it.
would that work or would they just f**k me off.
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always advised to note gas and electric meter readings when moving in a property,
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Is your name being used in the debt recovery documentation Kris or the previous tenants? :-?
Sorry Kris, but I must ask again are the debt papers in YOUR name? :-?
If not then this debt has nothing to do with you and you can tell them to stop threatening and harassing otherwise you will take legal action against them. ;)
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always advised to note gas and electric meter readings when moving in a property,
we did. phoned and gave meter readings and notified them of change of tennant. the bills are upto the day before we moved in. 31st jan 07 we moved in 01 feb 07
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Is your name being used in the debt recovery documentation Kris or the previous tenants? :-?
Sorry Kris, but I must ask again are the debt papers in YOUR name? :-?
no lizzie they are not in my name. they jsut addressed to the occupier. thats what makes me think just to let it go to court.
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Is your name being used in the debt recovery documentation Kris or the previous tenants? :-?
Sorry Kris, but I must ask again are the debt papers in YOUR name? :-?
If not then this debt has nothing to do with you and you can tell them to stop threatening and harassing otherwise you will take legal action against them. ;)
....Because if its not they CANT take you to court....
They wont take you to court, its simply a tactic, they must prove you have the debt, you dont have to prove who you are.
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always advised to note gas and electric meter readings when moving in a property,
we did. phoned and gave meter readings and notified them of change of tennant. the bills are upto the day before we moved in. 31st jan 07 we moved in 01 feb 07
if it were me I would attend the court on that basis, they are trying to frighten you just coz they want there money.
As Lizzie says, are the bill requests in your name or the previous tennant, in the case of the previous tennant, and the upto date bills in your name, then ring them up and tell em where to shuv it.
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Is your name being used in the debt recovery documentation Kris or the previous tenants? :-?
Sorry Kris, but I must ask again are the debt papers in YOUR name? :-?
no lizzie they are not in my name. they jsut addressed to the occupier. thats what makes me think just to let it go to court.
Indeed, that debt cannot be linked to you so telephone their managing director and inform them that you will take legal action against them for threatening and harassing you unless they cease immediately.
However, let them go to court as the action will be against the previous tenant (strange they don't know the name!) and if bailiffs were to turn up immediately call the police and if necessary prove you are not the previous tenant. They will then look very stupid. :D ;)
Don't waste a lot of time over this one! ;)
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think i'll just ignore them and see what happens. if they had been nice or polite when i phoned them i would of sent them the stuff they wanted no problems. dont like being threatened so stuff them. thanks for advice folks. will keep you all posted. :y :y :y
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I'm sure you couldn't chase "The Occupier"...
Ask them to prove its your debt by giving you a copy of the paperwork that the bills relate to...otherwise tell them to go fish.
I hope you didn't give them your phone number...
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I'm sure you couldn't chase "The Occupier"...
Ask them to prove its your debt by giving you a copy of the paperwork that the bills relate to...otherwise tell them to go fish.
I hope you didn't give them your phone number...
noooooooo. only gave them my name, they already have the address. ;)
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Ignore them. you have proof that you don't owe the money, that you can submit to defend yourself in court. The debt recovery company can get breaked. They are playing on your fears in the hope that you'll just roll over and pay up.
They have no right to ask you for any information. They will simply use it to strengthen their case. In all likelihood, they will not bother you again because they know it's a lost cause. Refuse to talk to them.
If you're worried about your credit record submit a freedom of information request to experian, etc. requesting information they hold about you and have anything related to this episode removed.
Kevin
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Sorry to sidetrack slightly here, but has anyone else heard about a change in the law coming in soon which will allow bailiffs the right to enter your house to retrieve goods etc. ?
Apparently this can only happen at the moment with the Police present to oversee no laws are broken. But if this comes in, well what world are we living in then.
Mike
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Sorry to sidetrack slightly here, but has anyone else heard about a change in the law coming in soon which will allow bailiffs the right to enter your house to retrieve goods etc. ?
Apparently this can only happen at the moment with the Police present to oversee no laws are broken. But if this comes in, well what world are we living in then.
Mike
Presumably the bailiffs can't act without being awarded a court order though? Although I guess with no Police present there'd be nobody to verify that.... :(
Combined with the growing number of less than scrupulous organisations now able to arbitrarily demand money (debt recovery agencies, wheel clampers, private parking companies, etc)....
Kevin
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Sorry to sidetrack slightly here, but has anyone else heard about a change in the law coming in soon which will allow bailiffs the right to enter your house to retrieve goods etc. ?Apparently this can only happen at the moment with the Police present to oversee no laws are broken. But if this comes in, well what world are we living in then.
Mike
As I understand it they can anyway, once they have a court order, though even the balif will try and gain payment before removing goods. They are limited in domestic premises and if children or disabled persons living in the home there are certain things that they can not take, not quite sure what they are though.
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Sorry to sidetrack slightly here, but has anyone else heard about a change in the law coming in soon which will allow bailiffs the right to enter your house to retrieve goods etc. ?
Apparently this can only happen at the moment with the Police present to oversee no laws are broken. But if this comes in, well what world are we living in then.
Mike
Presumably the bailiffs can't act without being awarded a court order though? Although I guess with no Police present there'd be nobody to verify that.... :(
Combined with the growing number of less than scrupulous organisations now able to arbitrarily demand money (debt recovery agencies, wheel clampers, private parking companies, etc)....
Kevin
I did not catch the entire story I am afraid, it was on BBC1 Sunday morning, a few Sundays ago. But if if applied to the original post this could be disastrous, if bailiffs knock on door, you no you are innocent, they break in, you defend your property, someone ends up in hospital, someone gets sued etc.
The upshot will be the householder will end up paying, because the bailiffs will undoubtelby have expert solicitors to get them out of trouble.
Mike
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Sorry to sidetrack slightly here, but has anyone else heard about a change in the law coming in soon which will allow bailiffs the right to enter your house to retrieve goods etc. ?Apparently this can only happen at the moment with the Police present to oversee no laws are broken. But if this comes in, well what world are we living in then.
Mike
As I understand it they can anyway, once they have a court order, though even the balif will try and gain payment before removing goods. They are limited in domestic premises and if children or disabled persons living in the home there are certain things that they can not take, not quite sure what they are though.
I think it is only legal if the door is opened for them by someone in the house, if they need to make a forced entry then the Police must be present. This new law gets round that.
Mike
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CAG (Consumer Action Group) are brilliant at all of this stuff. Sign up (it's free) and get asking.
http://www.consumeractiongroup.co.uk/forum/
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Threaten them for harrasment :y
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Debt recovery (inc by bayliffs) is a civil matter. Therefore, I would imagine the only reason for Police attendance would be to prevent a "breach of the peace" while the bayliffs do ther job...
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got 2 letters today from debt recovery company. apparently i owe them 219.73 for gas and electric from a national supplier.phoned said supplier and it appears the debt is from previous tennants. phoned debt recovery company and got through to the snottiest tw*t ever. told her about it being previous tennant and was told i HAD to send them by RECORDED delivery in 7 days 2 proofs of ID, 2 proofs of address and the ORIGINAL tennancy agreement with a written statement explaining the situation. if i dont then they will take me to court. i asked how could they take me to court for a debt that wasnt mine. was told they have given me plenty of time to prove i dont owe any money and that if it goes to court they will win, i will have to pay the debt plus expenses.
is this true. what will happen if i dont prove its not my debt and it does go to court. and can i just tell them to get f***ed.
you dont have to send them anything !!
not your debt not your problem
Let them take you to court and make themself look really stupid
doug