ARD Posted May 24, 2013 Report Share Posted May 24, 2013 Continuing my efforts to recover rent from the tenants i turned to the references that were done on them which had a pass score. I called the company that did the checks and was shocked to hear that in this case they could have done a check on the tenants over the phone to confirm their salary. Is that an acceptable way of doing checks given that the tenant probably worked for a small company (capital £100, and profit for last financial year no more than £4k - this i checked from the company records) but the reference check company said it was perfectly ok to do checks over the phone. Is it not necessary to check pay slips, bank statements etc and keep records of them? Assuming the reference checks were not done properly, do i have any legal right to take the credit referencing company to court or is my contract purely between the letting agent and me? The letting agent said he simply took the pass score as a green signal and put the tenants in. I do think there was a problem with the reference checks but who can i go after, letting agent or the referencing company. Link to comment Share on other sites More sharing options...
Richlist Posted May 24, 2013 Report Share Posted May 24, 2013 Why didn't you take out rent guarantee insurance .....the insurers would have carried out referencing for you.....or insist on having a home owning guarantor ? Link to comment Share on other sites More sharing options...
ARD Posted May 24, 2013 Author Report Share Posted May 24, 2013 We missed that one, took legal cover but for some reason we seemed to trust the agent because he insisted that these guys were good. In the 10 years of renting we have had no problems at all as we've always had in professinal tenants well referenced etc. The one occassion that we decided to skip it hit us, sod's law. Link to comment Share on other sites More sharing options...
Mortitia Posted May 28, 2013 Report Share Posted May 28, 2013 ARD - I always double check on what referencing companies tell me. You should look closely at your contract with agent and referencer before action - I bet there is a 'get out' clause. I know of most firms in the area in which I let so I have no hesitation in ringing up and enquiring further about prospective tenants. A couple of years ago a young woman who described herself as an 'interior designer' turned out to be a 'receptionist' and on half the salary she quoted to me I found out. That let did not proceed. Having been on the other end of reference takers I have had calls that just ask 'did they pay the rent'? Well yes they did but did not clean up and got nasty on leaving in another case but new landlord will think they are just fine. Link to comment Share on other sites More sharing options...
ARD Posted May 28, 2013 Author Report Share Posted May 28, 2013 Thanks. I should have done that but relied only on the letting agents views, in the past 10 years we have reviewed the papers ourselves so it was a costly oversight. I do not have a contract with the letting agent, this is our first time for fully managed contract so dont know if a contract is issued, all we have is an invoice with the the agent's fee and it states for a fully managed contract. Are you aware of any solicitors who specialise in this sort of legal support because I do think I have a case here just not quite sure who is at fault: the letting agent or the referencing company? Link to comment Share on other sites More sharing options...
Mortitia Posted May 29, 2013 Report Share Posted May 29, 2013 Personally I think employing solicitors is throwing good money after bad. You could in my opinion have a go yourself as this is what the small claims court is all about. You have to establish who you had a contract with over the referencing - so it would appear to be a verbal contract with the agent but you have no terms and conditions and they contracted with the referencing company. In this case I would go for the agent via the small claims court/County Court or 'moneyclaim online' using the 'Goods and Services Act 2008' which covers just about everything. Your argument will be that they did not take 'reasonable and proper care' in getting written confirmation of the tenants income, etc. Write a 'Letter Before Action' to the agent setting out what you intend to do if they do not cough up £££££'s within 14 days. Keep copies and notes of all communications as you will have to demonstrate to the court that you tried to negotiate with the agent to settle the matter first. Link to comment Share on other sites More sharing options...
Grampa Posted May 31, 2013 Report Share Posted May 31, 2013 I have just started to use a debt collecting company who was recommended to me. I instructed them on 2 historic debts that we and the landlord had written off as not likely to get anywhere and we did try. Well bugger me I have had a result on both within days of passing it over. One for £1800 and the other for £800. This company don't charge an upfront fee which a lot of companies do but charge 20% on what they collect which I think is fair. It was all done by phone and all I did was sent the details over by email. I did ask if he was using an extra large baseball bat which made him chuckle. They also said they would collect on figures as low as a couple of 100 quid. If any one wants their details let me know. Link to comment Share on other sites More sharing options...
Melboy Posted May 31, 2013 Report Share Posted May 31, 2013 Good to hear that Grampa.......... If people owe a debt then it should be paid it is as simple as that. If you can't pay it then seek professional advice and help and not just think you can get away with it and that nobody cares. Link to comment Share on other sites More sharing options...
Grampa Posted June 1, 2013 Report Share Posted June 1, 2013 The 1800 debt payment hasn't been paid over yet (less fee) even though they received it about 10 days ago hope I don't have to instruct another debt collection company to collect from the first one.I do wonder though what they said to the ex-tenant to get them to pay up so quickly as the only contact they had was by phone.I suppose I should check they are licenced debt collectors and not friends of Dave Courtney or even the man himself http://en.wikipedia.org/wiki/Dave_Courtney Link to comment Share on other sites More sharing options...
Melboy Posted June 2, 2013 Report Share Posted June 2, 2013 I suppose I should check they are licenced debt collectors and not friends of Dave Courtney or even the man himself http://en.wikipedia.org/wiki/Dave_Courtney Hell of a CV Grampa. I bet he is a pu$$y cat in real life. I know someone who operates a tenant eviction service very similar to his but not quite as severe but having said that he never has any overstay unpaying tenants or void periods. Link to comment Share on other sites More sharing options...
Grampa Posted June 2, 2013 Report Share Posted June 2, 2013 If its your type of thing to read gangster books then I can highly recommend Dave Courtney book Stop the Ride I Want to Get Off. It is autobiography based on his life and I can honestly say it is the only book that made me laugh out loud. Link to comment Share on other sites More sharing options...
suziesuze Posted June 17, 2013 Report Share Posted June 17, 2013 Id like more info on these debt companies I have 3 id like to chase !! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.