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kirky

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Everything posted by kirky

  1. yes, all been done and an "investigation" under way, however, just wondering who is responsible for taking them to court for the money they have stolen?
  2. I'm contacting you on behalf of my daughter - she is currently owed £1400 which has been duly paid by her ex via his wages....company deducted at source on court order. However. They have failed to send it to CSA so they can send to her. Where does she stand with this? Surely, there should be some recompense, as he has paid, she is bringing the kids up alone and only the company he works for are in profit? Any advice appreciated Teresa
  3. Hi both - I paid the amount being requested by card over the phone. As I said, my daughter ended up in hospital having treatment for cancer (fingers crossed it's been successful), so I figured a grand and a half was nothing compared to her life.
  4. I assure you I am angry with them both and they know it - I will never guarantor her again, nor anyone for that matter. Unfortunately, my daughter is under treatment for cancer, so in the bigger picture, this is the least of our worries.
  5. thank you both for your responses. I have written back to him to arrange payment - I don't have a cheque book, so need to either go into his office with my card, or get his bank details for a transfer. As for Lea_HTH - there is no need to be so rude and aggressive, I was simply doing as asked and posted for some advice before replying. I thought this was what the site was all about. I have previously donated to the site following some very good support and would do again despite this barrage. Again, thank you to all of you who have offered sensible and supportive advice.
  6. you clearly don't know all the story - yes he was a bully - the first I knew about it all was a threatening letter telling me I would be a soft touch because I'm old, vulnerable and a house owner. I realise that I signed the guarantee, I know I will have to pay if they don't. I can't understand why he has come back to me, but not approached them to prove the costs - that was what I was waiting for - would you pay a bill that was just plucked out of the air? No, I didn't think so. It's gone down considerably since I questioned the total. So at least now it is reasonable, but until I received this email I had no idea what the full and final invoice was. I was just asking for help in responding - as was the advice on this thread.
  7. thank you, much appreciated. It all seemed to go quiet after I asked for evidence of the amount he was asking for- so assumed he was backing off. My daughter doesn't believe that he got the rent arrears right either, but she is going through health issues at the moment (the big C) and I really want this big bully to go away.
  8. I'm back, but so is he. I wrote to the Landlord himself about a year ago and never heard a word until yesterday when an email drops into my inbox. Nothing was sent to my daughter, although he claimed to have known where she lived. It goes like this: I regret that I am only able to return to this matter a year later – I have had some serious health issues and had hoped that we might see some voluntary payments from either you or xxxx in the interim (xxxxx had indicated that she would pay £100 PCM). Sadly no payments have been made but happily I am now back to full strength and so it is time to bring this matter to a speedy conclusion. As I recall, you wanted copies of the final invoices for removal of the rubbish from the property and the lock changes – these are both attached for your information. So far as the rent arrears are concerned, I don’t believe that you doubted the accuracy of the calculation but if you want a copy of the rent statement then I shall have to post it to you as I cannot email it from our system – please confirm your address if you want one posting to you (you might want to confirm xxxx and xxxx addresses at the same time to “spread the load” if this goes to Court). There was a £350 deposit paid at the beginning of the tenancy and that has been forfeited and used in connection with cleaning and decorating costs – I trust that the need for that is not in dispute. So we come to the claim: £440 for rubbish removal £60 to change the locks £1,094 rent arrears. £1,594 in total If you are able to pay a lump sum within the next 14 days then I am authorised to agree to accept a lower figure of £1,350 in full and final settlement. If not, I await your proposals for payment within the next 14 days – if I have not heard from you by then it is my intention to apply for a money claim on-line against all three of you but jointly and severally in accordance with the original contract, such application will be made without further notice being given. He sent a scanned copy of invoices for lock change and clearing the house. What do I do now? I thought with the lack of contact that he had been told by the landlord to back off, but it appears he was only incapacitated for a while.
  9. just to update... ...since I stopped engaging with him (thanks for that advice transient) I have had no further contact to date. I realise it may just be sleeping whilst he mulls over his next move, but it's been several months now so I'm hoping the letter to the owner of the property has raised awareness of this guys tactics and they've decided to give up chasing me for made up sums. Will let you know if things escalate once again. Thank you to everyone who advised
  10. Checked those three websites and there is no record of the deposit with any of them.
  11. Sound advice, thank you. I have not sent another letter. Will check the schemes you mentioned. Thank you
  12. I sent a recorded letter to the actual owner and explained that his agent had been offered the full amount of the outstanding rent (I came up with the cash) and that he was refusing to itemise any other additional costs etc. I asked the owner to intervene and ask the agent to engage to avoid court. Since then I have heard nothing further. I think I will send a letter (instead of an email) - recorded of course - to the letting agent and cc the owner in, asking where the full and final invoice is so that this situation can be resolved...is that a good idea? At least then I will have proof that I am trying to come to some agreement about full and final settlement. ??
  13. Hi - I can't see anywhere in the tenancy agreement that the deposit was in one of the Government schemes. Should I ask him for evidence of it? Also, my signature was witnessed, but I don't remember anyone being there - I thought I did it at home and sent it back with my daughter, but can't remember. Also, the deposit states £450, not the £350 that he referred to in one of his emails. Advice please guys...it's been a bad, bad week. Had to go to London - delayed on way out for over 3 hrs. Suffered carbon monoxide poisoning on first night. Been poorly all week. Got a phone call to say my car was a write off (Bulgarian came out of a side road into me 10 mins after I bought it after having looked the wrong way to check for traffic). Whiplash injury is getting worse. Just in dire need of some good news somewhere.
  14. Believe me I have learnt that lesson well. I think it is going to be the only way to teach her. I just hope I can pay the rent arrears and be done with it. :/
  15. Hi again Thank you for your support. In response: 1. I can't find a copy of the agreement I signed (is that what an AST is?) - have emailed this guy today to ask him to send a copy. 2. I understand that side of things, he is just being a bully! 3. I offered immediate payment of £500 by card over the phone - he says he won't accept card payment. I explained I couldn't get in to his branch as I work out of town and am not available in office hours. 4. He wrote to me and sent a copy of the rent statement. I can only go on that as it is the only "bill" he has sent me. The balance is £1094 and that was what I assumed the final balance was. I haven't seen any evidence of how the property was left, what was in it - nor had I visited there for many months, so can't comment on what it was like while they were actually living in it. When I see my grandchildren, they normally come here as I babysit, or my daughter drops by with them. As far as the contact he claims to have had with me "months ago" - I recall a telephone call, which was quite threatening then - I put the phone down on him and got on to my daughter and her husband immediately. They promised it would be dealt with. Not being psychic I had no idea it wasn't being dealt with until the next phone call about a week ago, which I returned and got no response to - then the letter landed in my post box with the rent statement a few days later: "Further to my earlier letter (not had one) and subsequent note (compliment slip in my letter box to say he had called), I enclose a copy letter sent to xxxx today (not attached) and would draw your attention to the fact that I will put you all into Court if the mater isn't settled amicably. In this respect, I gather that you are a home owner and that you have recently started a new job - all of which is good news as you may be the softest target when it comes down to extracting the money that is owed. (don't know how he knows about me starting a new job?) I would respectfully (ha ha, that's a laugh) suggest that you speak with xxx and revert to me with some realistic proposals before the end of the week." As you can see - he's not a very nice guy. I also queried the deposit, because I remember lending the money for that too - he said it would be deducted from the final account. He mentioned a figure of £350, but I am sure it was £550 - it's normally one month's rent plus £100. I need to speak to my daughter to see the evidence of this and where it was invested. 5. No, I didn't ask for invoices - as you said, I only asked for a full and final invoice so I knew what was being demanded. 6. I have never seen this man - as I said he left a compliment slip in my letter box one day several months ago - he didn't make an appointment, so how can he charge me for a visit that was unsolicited? I don't know where he gets his reference to multiple visits from - unless he is including any that he might have made to my daughter and/or her husband. Not sure what an AST is? I don't know if she did a bunk or whether she gave notice - again I need to ask her that. Thank you again for your kind support and advice. I will wait and see if he sends me a copy of the agreement I signed. I don't recall it being witnessed, but it was several years ago. Having a really bad weekend and wondering how much I will be able to concentrate on my course. What with this and now my own husband not talking to me I just feel cr@p :ohwell:
  16. I have received this back: I have already given you a letter before action - that is what you had last week - I am not obliged to do anything further as any disputed sums could be argued about in Court. I would urge you to proceed cautiously in moving into a Court Action 1. Your individual liability is for the entire amount - it says so in the Agreement that you signed and no Judge is going to prejudice that position by making us accept an inferior one simply because you may have made an offer of settlement. 2. If a Judge does rule that you may pay in stages or monthly sums etc. - why do you think that you will not get a Judgement Debt against your name? - that would be precisely what is made - a Court Judgement and the longer it takes for the debt to be paid in full, the longer your Credit File will be blighted by an active CCJ. I had hoped that you would realise this and that it would encourage all of you to talk to me sensibly about settling this by agreement without it going to Court - once it does go there your lives will change for the worse in so many ways because it is a matter of public record and will appear on all sorts of things - job applications, banks, finance applications, phone contracts even your ability to swap electricity provider to get a better deak will potentially be jeopardised. 3. With respect, you haven't actually offered any money because you don't physically have it to offer - you may have applied to borrow it but the outcome of that application is far from certain and although it is of interest, at this stage thats all it is. Natalie has promised monthly payments before - I'm still waiting for them so forgive my sceptisism, when you've got some cash and you can make an immediate payment then and only then, will your offer be real. 4. Why should we accept a lesser sum than is due? Do you dispute the fact that xxxx hasn't paid her rent since December? - a Judge would be asking why it has taken you all this time to suddenly query the veracity of my claim since I contacted you month's ago about it. Do you also dispute the fact that a vast quantity of material has been left at the property, or that the house and garden are indescribably dirty or that carpets have been ruined and decoration altered or damaged? If so, what part of this do you dispute and show me your evidence - you already have mine. 5. I do not have to provide you with invoices - quotes are sufficient and I will post these to you as you have requested. 6. It is only fair to warn you that I used to do this for a living and so any formal requirements will be adhered to to the letter. I haven't bullied you - far from it I can show that I've bent over backwards to engage all three of you in dialogue in an effort to come to an arrangement out of Court and that you have previously ignored the fact that i made personal visits to your home and that xxxx moved without leaving a forwarding address and then refused to reply to emails and telephone calls until I located her new whereabouts. This information would be taken into account by a Judge and he would want to know why liabilities were deliberately ignored and/or avoided. I'm guessing that you've quickly done an internet search and have found some information about Court Claims but you haven't got to grips with the information and you clearly don't understand how it all works. I would strongly urge you to avoid pushing me into issuing a Court Claim - I haven't mentioned claiming interest on the money or the continuing loss of rent incurred by the Landlord since Natalie left because the property is unoccupiable ... but these would be added to a Court Claim to make it as comprehensive as possible - at the moment, they do not form part of what I am asking for. Advice please?
  17. I sent him this: It seems that we need to get on the legal trail and do it right. First of all I need a full and final invoice, then give me time to inspect it prior to payment - usually the law allows me 7 - 14 days minimum. If I then dispute the amount and refuse to pay, you must then send me (and the other parties) a letter before action, which will give us a further 7 - 14 days to pay before you can take legal action. If after that time it does actually go to court and the judge discovers the offer we have all made - mine of £1100 lump sum and Natalie's of £100/month, then decides to throw your claim out of court and state that you must accept our offer - there will be no County Court Judgement and we will not be liable for court costs. If after that point we fail to maintain payments - then and only then will you be able to action Bailiffs and the like. Even if the court decides that you are right in pursuing for more than we have offered, we will still have the opportunity to complete a form (per person) explaining our finances, and it is likely you will get less than the money offered at the moment. So - despite your valiant efforts on behalf of your client to extract large sums immediately, alas you have to follow the letter of the law in these circumstances. I also believe the judge will take into account the bullying tactics you have deployed and the total disregard for formal procedure in this case. Once the invoice is in our possession - and I respectfully ask that we are all included and given opportunity to see a full and final invoice at the same time - we can discuss repayment terms. If you wish to pursue court action, then you will have to follow procedure. I have been reasonable in my offer of repayment, as has Natalie, yet you have refused to accept the very reasonable offer of a lump sum followed by £100/month schedule. I look forward to receiving your invoice in full and final form - in writing and in the post, not via email - by the end of next week. I guess this is what you were alluding to? Thank you again for your advice x
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