Hi Yes I am...but I am actively seeking a better paid job to help with the situation...obviously this is difficult as I can't afford to lose my current job so I have to be quite careful about interviews and such

Hi All I wanted to get some advice on the idea of Bankruptcy (I have an appointment with CAB but know their are probably even more knowledgable people on this forum on the subject), this is not something I consider lightly but I do feel I have come to the end of my tether with my debt problems and see no other way out. ....The story is I am 28 years old and have debts with various different creditors of over £14,000, I make no excuse for this situation it is mostly my fault but it seems when banks and other creditors have got you in this situation they will do anything to keep you there. ...I had a debt management plan with Payplan but it really didnt work out the creditors said they would stop charges and interest but then just started them up again saying they had no contact from payplan when I know they certainly did they then said this was a mistake and apoligised but still the charges and interest was applied and I was not really getting anywhere. I cancelled the plan and negotiated my own payments with them, however the charges and interest are still stacking up which means I am paying out large sums every month and the debt is hardly being touched....It seems a waste of time and money because at the moment I feel I will be in debt to them for the rest of my life....and I want to do things with my life that I can't with this hanging over me. ....Believe me I have tried reasoning with these people but they just do not want to know, I am not looking for a quick fix but would like some sound advice to help me really get my head above water and see a way out of this. Obviously I know about an IVA and the other althernative would be Bankruptcy (how bad is that really?)...My biggest worry is that I had to move out of my flat and back in with my parents...would an IVA or Bankruptcy affect their credit rating and be held against their address?? Please any help would be greatfully received Regards Tristan

Hi All I wanted to get some advice on the idea of Bankruptcy (I have an appointment with CAB but know their are probably even more knowledgable people on this forum on the subject), this is not something I consider lightly but I do feel I have come to the end of my tether with my debt problems and see no other way out. ....The story is I am 28 years old and have debts with various different creditors of over £14,000, I make no excuse for this situation it is mostly my fault but it seems when banks and other creditors have got you in this situation they will do anything to keep you there. ...I had a debt management plan with Payplan but it really didnt work out the creditors said they would stop charges and interest but then just started them up again saying they had no contact from payplan when I know they certainly did they then said this was a mistake and apoligised but still the charges and interest was applied and I was not really getting anywhere. I cancelled the plan and negotiated my own payments with them, however the charges and interest are still stacking up which means I am paying out large sums every month and the debt is hardly being touched....It seems a waste of time and money because at the moment I feel I will be in debt to them for the rest of my life....and I want to do things with my life that I can't with this hanging over me. ....Believe me I have tried reasoning with these people but they just do not want to know, I am not looking for a quick fix but would like some sound advice to help me really get my head above water and see a way out of this. Obviously I know about an IVA and the other althernative would be Bankruptcy (how bad is that really?)...My biggest worry is that I had to move out of my flat and back in with my parents...would an IVA or Bankruptcy affect their credit rating and be held against their address?? Please any help would be greatfully received Regards Tristan

Thanks for the reply Becka I will try not to give in to their intimidation,can anyone confirm that I would not be liable for their legal costs, I dont see why I should be as I have tried every reasonable action to try and get back MY money, I dont really want to go to court if I can avoid it but they are forcing me really

UNBELIEVABLE!!!!!! The letting agency are now threatening to take ME to court, saying that by calling in to question their integrity I could be damaging their reputation- Surely as a consumer I have the right to complain when Im being treated like dirt by a company I thought I could trust with MY money! They have also said they will defend any claim made by me and will have to employ a law firm which will end up costing me thousands, it seems these bullys are trying to scare me off Any thoughts????

They are still stalling, they now have until boxing day to avoid legal action. But I just wanted to fill you all in on their latest actions of abusing their own contracts! Previously due to financial difficulites I was told my deposit would not be able to be used as final rent because it was in the contract- and it would be a breach- Fair enough! We agreed a reduced final rent payment and that was the end of it, until I tried to claim back my deposit of course- because now they are saying they will have to take the excess rent ( which I have a signed written agreement saying I don't have to pay ) from my deposit...What the Hell?? Surely this then breaches their own contract? Not to mention trying to go back on a signed agreement, it seems they will only enforce their contracts when it is of benefit to them, if the contract states that the deposit can't be used as rent then that must be the case?

Thanks for the advice, this is what I got from the Land registry website:- The letting agency are listed as the registered owners?? So surely this would make them the Landlords as well, Im sure they are just blatantly lying to buy time, Not gonna happen!

Hi Many thanks for your reply. I think they have an affiliation with one or both of the Leeds Universities, but am not sure on this. The name of the Letting agency is Aston Properties, Ash Road, Leeds They have got back to me today saying they need to speak to the landlord, I wrote back asking just who the hell had my deposit as previously they had told me it was them, I have requested the landlords details so I can tell them what I think of the lettings agencies conduct Any help would be greatly appreciated Cheers Tristan

The letting agency are also insisting that they are the landlord although Im not 100% sure on this and despite me requesting it 3 times they have failed to send me a copy of the original tenancy agreement. Can I request this under the data protection act and do I need to pay for it??

They have ignored my preliminary letter giving them 14 days, they appear to be digging their heels in now after promising to return my deposit. I am going to write the letter before action letter now, but before I do I wanted to ask for any advice you may have of things to include in this letter, Law & case history etc.... Any help is greatly received Best wishes

Hi Thanks for the replies Joan, I don't think it will have caused them any cost as it was the letting agencies account, they are the landlord in this case. As far as I know I am the only one claiming my deposit back at this point, I have e-mails from them stating they would return my deposit and now they are trying to go back on their word. Im quietly confident

Suprise, Surprise They are playing up again They now say they have to take most of my deposit due to bounced direct debits, they have charged me £30 a time for these. No way I am letting this go now. Should I continue with my time schedule and take them on? Cheers Tristan

Update- "Folded like a pack of cards" Literally 5 minutes after I sent a fax detailing my actions they were on the phone saying my deposit would be with me within 5 days The usual waffle of they were still confident they were in the right but have time to go to court. All irelevant really I Won!!!! Thanks for all the help!

Thanks Joan Just a quick update- I have phoned & written to the OFT, Shelter,Consumer Direct, and both the Universities which the letting agency is affiliated with. I have sent a copy of all these letters along with a preliminary letter to the letting agency, hopefully this might be enough to force their hand.

Hi all Thanks for all the support, just sent the fax refusing the settlement unless costs are included and only accepted one condition which was an account review, I have no problem taking two minutes out of my day to tell them where to shove their account.

Great NEWS...on my Birthday as well. Got a letter from SCM today offering settlement. However...the fee's for the money claim and allocation questionaire were not included and I want to be paid by cheque rather than having the money go into my account, it is my monety after all. Should I fax them back and ask for these things to be added, and the other conditions to be taken out???? Very happy otherwise though, thanks for all your help guys

from reading other threads it would seem I am on the right track with it beng passed on to the district judge, hopefully it will shake up SCM enough so they get moving.

UPDATE:_ Good News....I think After Lloyds had asked for proceedings to be delayed for 1 month so a settlement could be agreed I waited a week or so and then got on the phone to SCM to find out what was going on, they told me that they had yet to hear from Lloyds tsb and would let me know, I followed this up with a letter stating that I was perfectly willing to negotiate a settlement, I wanted to show that at least I was trying to make contact and settle and suggested they should do the same especially as they were the ones who asked for a halt in proceedings, basically they have stonewalled me since then, not replying to my letters etc.... I have since sent a letter to the court voicing my displeasure at them asking for a halt in proceedings to settle and then making no attempt to contact me and generally abusing the system. I phoned the court today to see what was happening and they told me that in light of my letter my file had been passed on to the District Judge to look at and reach a decision, Now, Im not sure if this is good or bad but at least I know something is being done, has this happened to anybody else where the district judge gets involved. Any advice greatly received Best wishes Tristan

Thank you for your reply Joan, very helpful The agency have come back with the fact that I signed a contract with this in it, saying they could withold the deposit for this reason. Does this now make my argument invalid, it seems unfair that they can put this in the contract, Please could someone advise if this now gives them the right to withhold the deposit on these grounds. Again any advice is greatly appreciated Regards Tristan

Sorry to bump the post...but Im going to see the letting agency in person tommorrow and could do with being armed with some information. Thanks

Hello Im looking to get some advice as to whether my former letting agency are acting entirely within the law by witholding my deposit for 5 months...... Last year I signed a joint tenancy with 4 "Friends" at university for a nine month contract, one of us was put down as house manager and we decided he would be in charge of bills, due to various disagreements I left the house two months early bu still paid my full rent a expected to get my deposit back, 5 months later I am still waiting..... When I went back to the house two days before the tenancy was due to run out everyone else has moved out and left the place a truly disgusting mess, wanting to make sure I got my deposit back I spent 5 hours cleaning it up, but now I am told by the letting agency I cant have my deposit back until they have got proof final utily bills have been paid, can they really do this?? I have tried to contact the person who was dealing with the bills but with no luck, they also claim they have tried to contact him, but Im not sure I believe them, they have been witholding £350 from me since May and I really need and think I am owed it back, I know new tenants have moved into the house and I myself have tried all I can to get this sorted out, It seems they are quite happy to keep my money.....FRANKLY IM FED UP...and feel its time to get slightly more serious with them....If anybody has any advice about what I can do I would greatly appreciate your input, I dont think my ex-housemates and the letting agency should be allowed to get away with this. Very best wishes Tristan

Personally I am really considering finding out about this because Lloyds TSB's unlawful charges on my accounts and credit card have forced me to go into the debt management ( which could effect my credit rating ) and also meant I had to leave University to manage my money situation ( which could effect my future earning potential ), basically they have messed up my life, So I think I am going to seriously look into getting some payback

Their witness must be the person who takes all day to send me a letter telling me I am going to be charged hence justifying the Charge!

Lloyds also said on the allocation form that they would be bringing ONE witness, Is this normal procedure???

my local county court is Bath, Somerset