Young couple need some advice.

[TWNB]

OK so on Friday we recieved a letter from a sheriff officers , here its what it says:

 

 

W M Cumming, Tirner & Watt 195 v You

 

Amount Due: £64.00

 

We have been requested by the above noted Property Agents to write you for the payment of the above account in respect of Rent Arrears and to advise you that unless this sum is paid to them in within the next seven days, it is their intention to have legal proceedings taken against, for it's recovery, without further intimation or delay.

 

So as far as we know we are only in £32 rent arrears, which was them that put us in arrears. So why are they trying to get £64 from us plus it isn't even 2 weeks since our last rent payment which is when they took this payment from our rent.

 

Going to call Shelter

Edited July 6, 2009 by TWNB

[jackieandwayne]

You are NOT in rent arrears! The £64 or £32 are their fees, not part of your rent.

 

Please go to Shelter at your next opportunity, and they will sort this out for you.

[TWNB]

I found this over at OFT if anyone is interested http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

 

It's been a good bit of help to me.

 

---------------------------------

 

OK I may have been reading this missive wrong:

 

If your a letting agent surely you would have a clear readable and understandable bit about late fees that read something like:

Please be aware that should rent be late a fee of XXX shall be charged and will should be payed with your next rent instalment.

 

Now this makes it clear that a late fee is going to be charged.

 

Now there is a small line in brackets on my missive that reads:

(with interest at four per centum per annum above The Royal Bank of Scotland plc base rate from the date of payment untill paid)

 

is this refeering to late fees?

 

After reading the OFT guide above I believe it should read:

 

To pay interest at the rate of x per centum per annum above the base minimum lending rate of [name] Bank on any rent or other money lawfully due which is in arrears for more than fourteen days after the day on which it became due.

Edited July 7, 2009 by TWNB

[TWNB]

bump

[Kentish Lass]

So are you saying that a bit is missing from your tenancy agreement? i.e. the bit which would inform you that there would be late payment fees?

[Kentish Lass]

You are NOT in rent arrears! The £64 or £32 are their fees, not part of your rent.

 

Please go to Shelter at your next opportunity, and they will sort this out for you.

 

Have you done this??

[TWNB]

I called Shelter yesterday and they said £32 was an unacceptable fee.

 

The bit below is in my let agreement but I thought it was to do with the amount of rent charged, I now believe it's ment to mean that I will get charge interest on anything that is owed.

(with interest at four per centum per annum above The Royal Bank of Scotland plc base rate from the date of payment untill paid)

[Kentish Lass]

I called Shelter yesterday and they said £32 was an unacceptable fee.

 

Yes, but I think you need to take Jackieandwayne's advice and actually take your agreement and any other relevant papers in to Shelter to get their advice and help on how to deal with your situation!

 

I am not a lawyer and certainly can't comment on a small line quoted from your agreement.

[TWNB]

OK I think I will do that, thanks for the help.

 

I can scan and upload the front page if anyone wants to have a look at it themselves