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[kris9128]

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.

[Richie London]

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?? :-?

[philhoward]

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..)

[Mr Skrunts]

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.

[Lizzie_Zoom]

Is your name being used in the debt recovery documentation Kris or the previous tenants? :-?

[kevpuk]

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

[kris9128]

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.

[kris9128]

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.

[Richie London]

always advised to note gas and electric meter readings when moving in a property,

[Lizzie_Zoom]

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.

[kris9128]

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

[kris9128]

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.

[Markie]

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.

[Mr Skrunts]

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.

[Lizzie_Zoom]

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.

Don't waste a lot of time over this one!