thanks pinky I decided to call British Gas and explained the situation and surprise surprise its a 'simple matter that can easily be sorted in a week'. British Gas is going to bring the debt back to their system so its 'live' again before carrying out a 'moving out' process using the final meter readings and date of move (which thankfully we still have). This is what was meant to happen back in September 2006. I'm told the account will then be closed and my father won't be pursued for the debt again. Fingers crossed it WILL actually be that simple but I'm going to be optimistic. It really brings it home how debt collection agencies operate. They make out there is no other way of sorting it out other than paying but in actual fact the consumer can contact the company the debt was for and get it sorted easily and communicate with a far more reasonable and friendly person! I understand how debts get referred to debt collection agencies (when there is no forwarding address to communicate with the customer for example) but my advice to anyone who is contacted by a debt collection agency for a debt that isn't theirs, to not enter into any communication with them at all. I found that 'assisting' Buchanan Clark and Wells was pointless. Instead, if possible, go straight to the company who you apparently owe the debt to and communicate with them.

Hoping for some advice on a matter that is causing great distress to my father. He sold his house after a divorce in September 2006. He advised British Gas of final meter readings for both gas and electric on 6th September. The actual date of sale was 7th September. He received the 'final' bills (stating meter readings on 6th Sep06) and paid them. Now, 2 years on and he has been contacted by two debt collection agencies chasing payment of bills for gas and electric for dates AFTER he moved out. We sent copies of the last bills he received with the payment stamps. Along with copies of the solicitors letter confirming date of sale and even the names of the new owners. The company chasing the electric accepted this evidence and closed the matter. We have heard nothing since. However, Buchanan Clark and Wells are a different story. They don't consider the copies of bills paid and confirmation of sale from the solicitor as evidence that my father is not liable for this debt. They are stating British Gas terms and conditions and because British Gas did not update their records correctly is not their problem. The guy I spoke to from Buchanan Clark and Wells was unbelievable arrogant and argumentative from the word go, his bullying words and tone were quite disgusting! Any reasonable person can see this debt is not my fathers and I said since he does not have the money to pay (almost £1000) it will have to go to court. This man then started to say how much worse it is going to get for him saying it will become a bancruptcy order (or words to that effect) and his posessions will be ceased. I said he has nothing to be ceased. He then said there will be an attachment of earnings to which I said he doesnt work he is on benefits, so he said the courts will take his benefit from him. My father is getting on, he isn't working (the over 50 scrap heap!), he is on anti-depressants and lives in a bedsit. It's really quite distressing. This guy was unbelievable and was clearly got a kick out of the phone call being rude and argumentative every step of the way. I confess to calling this man an arrogant pr*ck before putting the phone down on him. Can I request that all further communication is in writing to stop the phone calls (which I consider to be harrassing)? Anyone any advice on how to proceed from here? Thanks

Is this definitely true? I've always been led to believe that a cleaning charge was standard. I'm not sure a judge would consider it unreasonable to charge for cleaning and i expect the cost would depend on what level of cleaning was required, if the place is covered in dog hair the carpets would need more than a hoover. In my new tenancy agreement it states a standard charge of £60 will be deducted for cleaning at the end of the tenancy which is fine with me because I would rather pay someone anyway than spend all day doing it myself. But I thought it was a bit cheeky that when we moved in it wasnt cleaned for us!. It was covered in dust (a new build). The agreement also states that if we want to keep a pet we have to pay a deposit of another 2 weeks rent (£over £400) to cover potential costs of specialist cleaning.

if this went to court he would need to provide evidence of the costs. if he's anything like my exlandlord he probably won't even replace it and will have plucked a sum out of fresh air. In any case (should it not come under wear and tear and assuming its down to your word against his) he cant replace it with new (betterment), it has to be like for like. According to Google you can pick up bathroom suites for anything from a hundred quid.

this is uncanny. In my case, there was a 'raised mark' on one of the kitchen tops (possibly a burn) which was there when I moved in. It flaked a bit over the next 2 years & 4 months but I'm sure it would have been worse if I wasn't kitchen shy. He is saying same to me; if he cant match the kitchen top the 'whole lot' will have to be replaced. It's one of those low cost laminated worktops which are common and cheap to replace so it will be interesting to see what he comes back with. I loved the LBA referring to not being able to use the deposit for 'betterment' or as a 'redecoration fund'. good luck, let us know how you get on

yeah, as soon as ive got everything in order i'll post the links list on the forum, might be useful to others too!

thanks mrshed

that is what ive been posting about regarding my own issues to start with all i had was 'my word against his' and then i came here and was given the impression he doesnt stand a chance without an itinerary. I then did my own research and found a number of case examples that confirmed it. Do you have any links to case examples where the tenant lost despite there being no itinerary so we can gauge what might be considered strong enough evidence of 'proof'?

how can something that is not true be 'proven'?

Hi, sorry to jump in here but i have a questions about RBoS account numbers and wondered if someone can confirm. is there a difference in format of business account numbers and personal account numbers? i.e. business numbers start with xxx personal account numbers are x digits long, etc Many thanks!

Hi, This is a strange one, hope someone can clarify The landlord on my Tenancy agreement is a business The registered owner of the title deeds of the property is an individual (not the business). The individual is the MD of the business. Can a landlord be someone who is not the property owner? If the landlord must be the property owner, what should i do to confirm it before I commence with my court claim if the LL has refused to communicate with me? Please ask if further info is needed Thanks

hi hippychick, i'm going through a similar experience to you. i sent the LBA but the LL continues to hold the deposit (and has refused to provide a break down or invoices, etc) in fact he has now refused to even talk to me so its onwards with the court case. Like you there was no initial itinerary But I am now in the process of getting witness statements contradicting everything he claims. Including the ex-caretaker who will confirm the LL is lying and that he carried out the work that the LL is claiming to be 'damage'. I do think its important to remember that if you KNOW you did not cause this damage the landlord should not be able to 'prove' a damn thing. All I can say is I have read an enormous amount of legal documents, posted on this and landlordzone forum and run everything past a solicitor (through work) and you do sound to be a good position. With a bit of luck your exLL will back down with that LBA. I suspect mine doesn't expect me to go through with the court case, he has underestimated me! By any chance are you aware of the annual gas safety inspections that are required by law? You should have a copy of the certificates sent within 28 days. My philosophy now is if someone tries to rip you off, fight back with a bigger weapon. I'm currently looking into the gas safety, permissions for grade II listed buildings permissions and think i may have come across some naughty dealings regarding tax and property ownership too. PM me if you would like to exchange notes and support

i feel for you. im going through a similar thing but to do with so called 'damage' rather than articles. some people just aren't particularly nice and they know that if they dig their hells in the majority of people will walk away. thankfully forums like this exist to remind us that we can stand up and fight, with support, if we choose to. good luck getting everything sorted and being able to move on contented.

yes its held in a TDS If i had got everything in order with my previous landlord i might not be going through the stress of a disupute with him now im about to take him to court for withholding my deposit for things I did not do. I just checked the emails and it they all just refer to "blinds being fitted" they dont specifically say "throughout the house". The LA owner said the blinds would be fitted in the attic to me verbally. Guess I'll have to let that one go...maybe. thanks for all the comments

hya, thing is with new builds is that snags can appear while the house settles, those I can deal with because they are pretty common snags which i doubt could be attributed to anything OTHER than the house settling. but there is also damage that was done while things were being installed. there is a crack in one of the doors (looks like it was made when they were attaching the handle) the aerial installers (which the LA instructed) botched up an extension into the basement room (drilled an extra hole). I notified them of this but they have not made steps to get the aerial guy back or repair the hole. I worry they could later claim I am responsible since I requested additional points and paid the difference. the workmen didnt finish sealing the kithchen, there is a gap between the bathroom floor and the skirting boards, the seal around the bath hasnt been finished, one of the shower heads is broken and sprays water everywhere if we try to use it. these concern me because sealing should be done to prevent water getting where it shouldnt. ive been advised not to do anything of the work myself because the LA could later say I didnt have permission or it wasnt done correctly (and contributed to whatever could happen). At the moment I have tape around the bath, not very pretty. 5 - they said the blinds would be fitted on a certain date prior to us moving in and indeed they were - at least the blinds on all the other windows were. it wasnt until we moved in that we noticed the attic windows were still bare. i presumed they would be done the week after so when they werent i chased it up and was told the landlord 'has changed his mind due to the expense'. convenient eh? I've emailed the LA again asking for an appointment to get everything sorted. I am wondering if the LA has been fobbing us off knowing that anything said verbally is not evidential. If I dont here anything else I'm thinking I should go direct to the LL just in case the LA has not being completely honest with him about the outstanding issues.