When does the 6 yr rule on claiming debts start.

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Re: When does the 6 yr rule on claiming debts start.

Postby victor508 » Tue Aug 04, 2015 10:55 pm

Hi Coggy,
That is the only thing they did to the book every time ,they collected their 10% plus vat like the taxman.
If i lose this my faith in justice will go down the pan,
Thanks,
Victor.
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Re: When does the 6 yr rule on claiming debts start.

Postby COGGY » Wed Aug 05, 2015 12:33 am

Hi Victor

What happened the months when they say no rent was paid? Did they not receive their management charges then? Are you able to produce all the statements sent to you? Did they ask you to confirm that the deposit could be repaid to the tenants? Was an inspection carried out when the tenants left? If so did you receive a Report of this? If you did it should show the date the tenants left.

Coggy
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Re: When does the 6 yr rule on claiming debts start.

Postby victor508 » Wed Aug 05, 2015 6:52 am

Hi Coggy,
No monthly statements were sent out ,when put in the complaint they eventually sent out a spreadsheet over the 2 and a half year rental ,on this they charged full 10% plus vat every time.The only time we knew they held the deposit was when we queried why they allowed a tenant to move out owing so much money and taking their deposit with them ,they sent a letter saying we held back the £500 deposit , put it in our account and forgot it was there. (for 5 years)
I happened to be speaking to the tenant and he said when he moved out the agent said the landlord is not happy with the condition of the property and was keeping the deposit for redecoration , they never mentioned it to me and now they say it is for rent underpayment. No inspection report was sent to me.
I know they left 2 months later because i used my van to move them to the new property just up the road. If i had used the tenant as a witness with no written evidence it would have eaten up the money i was due. Every time they were contacted they would say we are dealing with it but it takes time . The new agent we have is brilliant , she asks for quarantor , sends out monthly printed statements and e mails.
In 5 hrs it will all be over one way or another .
Thanks for your input , i will let you know what happens.
If anybody is reading this and is in the same position do not let them convince you not to go to court .

Victor.
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Re: When does the 6 yr rule on claiming debts start.

Postby victor508 » Wed Aug 05, 2015 7:44 pm

Hi Mr Sheen and Coggy and anyone else interested.
I have eventually come around from my day in court , awake at 5.30 ,tried to have a cooked breakfast at 7.30 , failed to finish it for the first time ever.
Got to the court and when the judge started questioning me i thought i was back on gardenlaw with Mr Sheen :lol: , he was on the same track as him on the unpaid rent part of the claim.
The good news i won with about 63% of the claim ,plus court fees refunded.
I am due just over £ 1800 of a £2500 claim.
I gave up on the rest of the money.
The main points i won were the cheque which was changed for cash and supposedly given to me , I have never received cash and when i explained to the judge i was refused permission to see the cashbook ,the accountant said we don't have the cashbook , i said why , she replied it is out of date , i said these documents are still involved with this case , so to get rid of them is wrong. The judge said to the accountant , where is this cash book , she replied we can't find it ,over the last few months there are new owners of the lettings agency .(the new owner is the person who used to deal with the cashbook). She was asked by the judge do you remember paying Mr ****** the cash ,she replied to be honest no i don't. That swayed the judge to my view , and it was paid. He also let me keep the bond to cover the issue of moving out ( differing dates) , the rest of that bond will go part way to covering the rent shortfall.
And the original cheque sent i am allowed to cash .
I am now going to get my life back, Thanks for the help and advice.

Victor.
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Re: When does the 6 yr rule on claiming debts start.

Postby mr sheen » Wed Aug 05, 2015 7:52 pm

Well done Victor!
Great that you felt some of our discussions were relevant....fore-warned n fore-armed n all that!
Time to move on and enjoy life.
Best wishes
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Re: When does the 6 yr rule on claiming debts start.

Postby COGGY » Thu Aug 06, 2015 11:20 am

Hi Victor
I am very pleased for you. All the stress and worry is now resolved. Well done.
Coggy
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Re: When does the 6 yr rule on claiming debts start.

Postby victor508 » Thu Aug 06, 2015 5:00 pm

Thanks Mr Sheen and Coggy,

It takes a bit of getting used to the fact , you life is your own not owned by someone else all your waking hours.
If someone is reading this and in the same position , check with your agent what are they for , I asked the judge that question when he said why do you think the agent is liable for unpaid rent , so I said they did not send me 1 letter to say the tenant was behind with his rent , why should they he said ,you don't have a contract , so I showed him my contract , he said that is a tenancy agreement . He said no contract no rights. So I asked the question what are agents for.
So I pass on his wisdom , he said check with your agent what is their liability as far as unpaid rent is concerned.
The agent I have now insists on a guarantor ,sends statements every month , and as soon as they go behind with the rent she is on to the guarantor , and there is no contract with her either , so I think I just hired a bad un.

Victor.
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