SuperMikey Posted 17 August, 2011 Share Posted 17 August, 2011 Hello gang, I'm currently renting a house with 4 other students in Highfield, and we've received some nasty letters from our utility companies (British Gas and Southern Water) threatening legal action over bills that are unpaid from the last set of tenants that lived there. I've talked to my landlady about it, and she's trying to track them down, but I was looking for advice of what to do if a debt collector turns up on my doorstep! Are debt collectors allowed to take my posessions, being a tenant in the house, even if I am not responsible for the lack of payment? What is worrying me is that instead of sending us bills from my time in the house (July-Present), they're just sending solicitors letters from previous unpaid bills. Will I be hit with 2 months of utilities after this is sorted out? Thanks for the help guys, would appreciate a swift answer. Link to comment Share on other sites More sharing options...
stevegrant Posted 17 August, 2011 Share Posted 17 August, 2011 Clearly you're not responsible for the outstanding balance from the previous tenancy, and it shouldn't be the responsibility of the landlord either, unless the account is in his or her name, which if it is, is pretty stupid of them. Each time new tenants move into the property, they should be getting the utility companies to open a new account so it's easier to trace this sort of situation. Whatever you do, do not let any bailiffs etc into the property. They have no right to enter when the tenant responsible for the money no longer lives there. Link to comment Share on other sites More sharing options...
the wedge Posted 17 August, 2011 Share Posted 17 August, 2011 Have you told the companies that you're now the tenants and that the unpaid bills aren't anything to do with you? My friends were in a similar position, and what seemed to work was a hand written note stuck to the front door saying 'Person X has not lived here since (date) please contact the landlord on xxxx) Simple but it did work. I don't think that these people can enter your home without you opening the door to them in the first place, so don't. Link to comment Share on other sites More sharing options...
Essruu Posted 17 August, 2011 Share Posted 17 August, 2011 You're looking at 4yrs for incitement not to pay your bills on an Internet forum. Link to comment Share on other sites More sharing options...
SuperMikey Posted 17 August, 2011 Author Share Posted 17 August, 2011 I know that i'm not culpable for their actions (or lack of action in this case), but I will ring up the companies and explain the situation to them. My landlady was going to deal with that, but I think I will do it instead! If I see a bailiff i'll tell him to f*ck off, but only if he's smaller than me. Cheers poppets Link to comment Share on other sites More sharing options...
Red and White Army Posted 17 August, 2011 Share Posted 17 August, 2011 I think you should post this on the Poopey forum, they are the masters on how not to pay bills. Link to comment Share on other sites More sharing options...
St Marco Posted 17 August, 2011 Share Posted 17 August, 2011 (edited) About the possesions thing the only way a debt collector can get balliffs to come around is if they get a warrent of execution order passed in the court. If someone turns up without one of them then tell them they are breaking the law and tell them to **** off. These letters you get are designed to scare people into paying the bills. If they use words like "courts", "charges", "debt collectors" and so on then it can be seen as harrasment which could get them in trouble if reported. When you guys moved in i assume you would of signed a tennancy agreement right? If you have a copy of that with the dates on it then you should send it to the companies as would proove you were not there when the electricity/gas was used. Debts cannot be transfered to people in that way. It is based on the individual not the property. The only way i can think that it would be is if yhe landlady has those things set up in her name which would be pretty stupid. Which if it is the case then she is liable to pay the fee. One of the tenancy rules is that when you rent out property the tennant has access to utilities such as electricity and gas, all disputes should be settled before a new tennant moves in. If you keep getting the letters just explain you were not there at the time and have just moved in etc.. send them the tenancy agreement. They won't take you to court for it seeing as it is not your debt. These companies can only go to court when there is a legal dispute. If someone has broken the law. I.e if someone signs a contract and backs out of it. Owing someone money is not actually breaking any laws. Seeing as you have no contract with these guys there is nothing that has broken the law. So i wouldn't worry about the letters and stuff like that, they won't take you to court. They will eventually just flog the debt on to a debt collector who will send more letters trying to scare you. If i was you i would speak to the landlady and say she needs to sort it out as it isn't your problem. Edited 17 August, 2011 by St Marco Link to comment Share on other sites More sharing options...
SuperMikey Posted 17 August, 2011 Author Share Posted 17 August, 2011 About the possesions thing the only way a debt collector can get balliffs to come around is if they get a warrent of execution order passed in the court. If someone turns up without one of them then tell them they are breaking the law and tell them to **** off. These letters you get are designed to scare people into paying the bills. If they use words like "courts", "charges", "debt collectors" and so on then it can be seen as harrasment which could get them in trouble if reported. When you guys moved in i assume you would of signed a tennancy agreement right? If you have a copy of that with the dates on it then you should send it to the companies as would proove you were not there when the electricity/gas was used. Debts cannot be transfered to people in that way. It is based on the individual not the property. The only way i can think that it would be is if yhe landlady has those things set up in her name which would be pretty stupid. Which if it is the case then she is liable to pay the fee. One of the tenancy rules is that when you rent out property the tennant has access to utilities such as electricity and gas, all disputes should be settled before a new tennant moves in. If you keep getting the letters just explain you were not there at the time and have just moved in etc.. send them the tenancy agreement. They won't take you to court for it seeing as it is not your debt. These companies can only go to court when there is a legal dispute. If someone has broken the law. I.e if someone signs a contract and backs out of it. Owing someone money is not actually breaking any laws. Seeing as you have no contract with these guys there is nothing that has broken the law. So i wouldn't worry about the letters and stuff like that, they won't take you to court. They will eventually just flog the debt on to a debt collector who will send more letters trying to scare you. If i was you i would speak to the landlady and say she needs to sort it out as it isn't your problem. That's what I said to the landlady earlier - "I don't want to be responsible for other people's problems". Cheers mate, appreciate that post. Link to comment Share on other sites More sharing options...
swannymere Posted 17 August, 2011 Share Posted 17 August, 2011 Go to Citizen's Advice Link to comment Share on other sites More sharing options...
dune Posted 17 August, 2011 Share Posted 17 August, 2011 Just ignore it. It's not your problem. Link to comment Share on other sites More sharing options...
Gingeletiss Posted 17 August, 2011 Share Posted 17 August, 2011 Clearly you're not responsible for the outstanding balance from the previous tenancy, and it shouldn't be the responsibility of the landlord either, unless the account is in his or her name, which if it is, is pretty stupid of them. Each time new tenants move into the property, they should be getting the utility companies to open a new account so it's easier to trace this sort of situation. Whatever you do, do not let any bailiffs etc into the property. They have no right to enter when the tenant responsible for the money no longer lives there. Add to this, your landlady should of taken meter readings when you took over tenancy, ask for those readings, and pass on to the utilities company. Link to comment Share on other sites More sharing options...
Barry the Badger Posted 17 August, 2011 Share Posted 17 August, 2011 I used to work for a bank and they would send out letters saying court this and bailiff that. We were also encouraged to threaten debtors with bailiffs if they phoned us. The bank had no link with any bailiffs whatsoever, it was all posturing. Don't panic basically. Link to comment Share on other sites More sharing options...
Smirking_Saint Posted 17 August, 2011 Share Posted 17 August, 2011 Electricity companies should be taking readings every 6 months or so, this will enable them to adequately be able to come up with an estimate of what you have used. If I was you I would phone them and let them know you moved in on X date and so you should only be liable to pay for the electricity from that date. What MAY (but shouldn't) snag you would be that you should always set up a new account as soon as you move into a new place, saying that you are taking over the electricity there and so take the readings there and then, you should also inform them upon cancellation saying to stop the account on so and so date that you move out and equally take down the readings just incase there are difficulties. It may be a bit of a bounce around but phone the companies involved and just argue until you are blue in the face, if they come up with an estimate bear in mind it will be in their favour, for a 4 bedroom house with Gas heating/cooking your probably looking at a £100 split on average, unless you are really raping the gas and electricity usage. If they say you owe £500 basically say no I owe £300 and they sometimes will drop the dept etc etc. As far as bailiffs are concerned, phone the companies and say that joe bloggs doesn't live here any more and if anybody attempts harrassment or to gain entry then you will phone the police. Get it sorted quick, especially B Gas as I know they are removing meters and occasional services to non-payers which will then make you liable to pay costs to get it re-attached aswell as the 6 week lead time to get that done. Link to comment Share on other sites More sharing options...
rooney Posted 17 August, 2011 Share Posted 17 August, 2011 I used to work for a bank and they would send out letters saying court this and bailiff that. We were also encouraged to threaten debtors with bailiffs if they phoned us. The bank had no link with any bailiffs whatsoever, it was all posturing. Don't panic basically. They may not have links with bailiffs but they have with Credit Agencies who do.Contacting the Utility Companies by e-mail via their websites, at least confirms what the situation is and you have something in writing. I always find that they do reply even though it may take 48 hours. e Link to comment Share on other sites More sharing options...
stu0x Posted 17 August, 2011 Share Posted 17 August, 2011 Don't ignore it, and don't bother phoning them. Write them a letter explaining everything in your first post and directing them to your landlady. Send it by special delivery. Chances are that you won't get any further hassle, but if you do, write another letter, enclosing a copy of the first, and state that any further communication from them will constitute harassment. Job done. Link to comment Share on other sites More sharing options...
Junior Mullet Posted 18 August, 2011 Share Posted 18 August, 2011 Good advice here. My sister in law had the same problem last year at student digs in Porstwood. Basically write to the utility companies explaining when you took on the tenancy and send them a copy of the tenancy agreement, threaten police action if they harass you any more, give them the meter reading at the time you took the tenancy on. If anyone turns up call the police. If they write to you again just refer them to your previous letter. A lot of these letters from utility companies are auto-generated so don't worry too much and don't be surprised if you keep getting letters. Link to comment Share on other sites More sharing options...
tpbury Posted 18 August, 2011 Share Posted 18 August, 2011 It's true that by phoning a company - especially a debt collecting company - you feel you have 'done' something. Whilst THEY may have a recording of the conversation, you've got jack. What normally happens is that the corporate 'nice' companies sell the debt on to a bunch of shysters and from that point, you have to deal with shysters using threatening language (as per above). If you get a nasty letter from a corporate, write one back,sign it, keep a copy of the signed response and copyitto the Chief Executive of the Corporation. If you geta letter from a debt subcontractor, phone them,tell them they're wrong and confirm the conversation in writing - copy it to the Cheif Executive of the originating corporate. When dealing with debt collection companies, DO NOT assume that a phone call will make the problem go away! Link to comment Share on other sites More sharing options...
hamster Posted 18 August, 2011 Share Posted 18 August, 2011 SuperMikey, can I ask what you pay between you in rent PER MONTH? What's the place like and how long do you have left on the tenancy agrrement? Do you rent through an agent? Would you consider renting privately if you thought you could trust a private landlord? Are you and your friends animals? Do you know where I live? Can you obtain genuine references (swf members do not count)? Can you read between lines? PM's welcome. Link to comment Share on other sites More sharing options...
Block 18 Posted 19 August, 2011 Share Posted 19 August, 2011 SuperMikey, can I ask what you pay between you in rent PER MONTH? What's the place like and how long do you have left on the tenancy agrrement? Do you rent through an agent? Would you consider renting privately if you thought you could trust a private landlord? Are you and your friends animals? Do you know where I live? Can you obtain genuine references (swf members do not count)? Can you read between lines? PM's welcome. If you need a landlords gas safety certificate as per the legal requirements of the law, can you read between the lines? PM's welcome Link to comment Share on other sites More sharing options...
hamster Posted 19 August, 2011 Share Posted 19 August, 2011 Block 18. You are top of my list mate. I probably owe you one anyway. Can you get me a Dostoy to do some remedial work plus very the instalation too? All on one bill would be good, plus prompt on call maintenence if you're interested. Link to comment Share on other sites More sharing options...
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