19 Jun 2015

A question about : Outstanding rent arrears

Hello all

Need some advice please.

I used to live in a 2 bedroom flat until i decided to buy a house with my wife. Fast forward 8 years later and i have been contacted by letter and phone call (both by a claims collection type company not the housing company) claiming i owe the housing company rent of Ј160. As far as i'm concerned i fully paid all rent plus i gave the housing company my forwarding address etc.

Where do i stand with this as its been 8 years and havent had a single letter or phone saying i owe rent. Is there a limit they can claim back as 8 years is a long time and i dont have any receipts or anything.

Thanks in advance.

Best answers:

  • Normally my understanding is that due to the statute of limitations act that you have 6 years to bring a case against somebody.
    I would just check my credit records to make sure that nothing untoward had been added/that you hadn't got a ccj without knowing and then ignore the letter.
    If you get court papers then perhaps is the time to engage with them and then I'd send them a letter telling them that you do not believe a debt exists and if it did it would be statute barred. There are templates available on here if you do a search if you need one.
    df
  • Thanks for your reply.
    I told the caller who rang me that i did not recognise this debt and mentioned its statute barred but he said it doesnt apply to rent.
    Is this true
  • Thank you for the reply. I will send the debt company a letter using the statute template ive seen on here.
  • Actually, I would start with a pi$$ off letter myself. That letter would be along the lines of..."there is no debt because you have not proven that it exists". Then, if they do manage prove it (extremely unlikely) you tell them its statute barred. You get them to show you their cards and make them work for it. It is also unlikely in the extreme that they would bother to take you to court for such a piffling amount - lodging the court papers alone is attracts a standing charge of Ј80+. They cant enter anything on you credit file because they are not extending credit AND they havnt proven the debt yet anyway.
    They are hoping to frighten you into paying. Or, you could just plain ignore them. If they were stupid enough to take you to court, you smack them in the mouth with the 'not proven' AND 'statute barred' argument.
    The statute barred letter at least acknowledges that there 'could' be a debt - you are saying that there flat out isnt one.
  • Had a message from this company to ring them. I told them again that i know nothing of this so called debt and said that even if there was its statute barred being over 6 years. The caller put me on hold a second then said they will close it from their point of view and let the housing company persue it. I said can they send me a letter claiming its now closed but they said that they dont send out letters like that. I said that if i receive another phone call, message or letter then i will send them a formal letter stating the limitation act template letter shown on this forum.
    Hopefully this will an end to it.
    Thank you for your help.
  • I would not send the statute barred letter personally. it sounds like you are sort of admitting there was a debt in the first place if you do that (IYSWIM).
    I'd send the prove it letter or frankly just stop talking to these idiots altogether.
    df
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