Reply to: Ex landlord from two years ago claiming I am still resident as a tenant

[PM-Junkie]

If the relevant law that is broken is known surely its a job for the police?

A friend was once in similar situation : went to police. They said not their business. My friend quoted the law. Police went to look it up : then said yes its an offence and we will sort it.

I thought the police were there to generate revenues and protect the labour party? Have they started dealing with real crime now too?

[BrilloPad]

I haven't read all the thread so forgive me if I am repeating someone, but under secition 17 of the 1994 Criminal Justice Act, this is illegal.

I quote:

17.—(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

(2) For the purposes of this section—

( a ) a demand with menaces shall be unwarranted unless the person making it does so in the belief—

(i) that he has reasonable grounds for making the demand, and
(ii) that the use of the menaces is a proper means of reinforcing the demand;

( b ) the nature of the act or omission demanded shall be immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand.

(3) A person guilty of an offence under this section shall be liable—

( a ) on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both,
( b ) on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.

Any solicitor will handle this for you, and if the facts are as you state them and as I understand them, it should be very straightforward.

Usual disclaimer though - this isn't legal advice and you do need to consult a solicitor. I am merely pointing out the relevant law for you

If the relevant law that is broken is known surely its a job for the police?

A friend was once in similar situation : went to police. They said not their business. My friend quoted the law. Police went to look it up : then said yes its an offence and we will sort it.

[PM-Junkie]

After defeating the debt collection agency and my landlord by sending letters proving my innocence I now suspect that the ex-landlord is up to his old tricks again.

Does anyone know of a good London solicitor or legal firm that deals with ex-landlords forwarding you incorrectly to Debt Collection Agencies for monies that YOU DO NOT OWE ????

I haven't read all the thread so forgive me if I am repeating someone, but under secition 17 of the 1994 Criminal Justice Act, this is illegal.

I quote:

17.—(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

(2) For the purposes of this section—

( a ) a demand with menaces shall be unwarranted unless the person making it does so in the belief—

(i) that he has reasonable grounds for making the demand, and
(ii) that the use of the menaces is a proper means of reinforcing the demand;

( b ) the nature of the act or omission demanded shall be immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand.

(3) A person guilty of an offence under this section shall be liable—

( a ) on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both,
( b ) on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.

Any solicitor will handle this for you, and if the facts are as you state them and as I understand them, it should be very straightforward.

Usual disclaimer though - this isn't legal advice and you do need to consult a solicitor. I am merely pointing out the relevant law for you

[Moscow Mule]

After defeating the debt collection agency and my landlord by sending letters proving my innocence I now suspect that the ex-landlord is up to his old tricks again.

Does anyone know of a good London solicitor or legal firm that deals with ex-landlords forwarding you incorrectly to Debt Collection Agencies for monies that YOU DO NOT OWE ????

I would go to your local pikey campsite and pay them to kick the tulip out him.

[eliquant]

After defeating the debt collection agency and my landlord by sending letters proving my innocence I now suspect that the ex-landlord is up to his old tricks again.

Does anyone know of a good London solicitor or legal firm that deals with ex-landlords forwarding you incorrectly to Debt Collection Agencies for monies that YOU DO NOT OWE ????

[Purple Dalek]

I have a dated and signed tenancy agreement from the landlord stating when the tenancy agreement STARTED .... and I have a a letter from the Local Council Tax Borough clearly stating an official END date of my tenancy and that the Council had been in contact with my landlord CONFIRMING this tenancy END date.

should be case closed but I just don't want any more hasstle.

Get a lawyer.

[Bob Dalek]

The issue here seems mainly debt collectors who try to collect utilities money, I doubt one legal letter would work on them.

Car fire - the only way forward.

[EternalOptimist]

The debt collectors are working on behalf of the landlord ?
when you say the landlord set up a bill in your name, do you mean that he set up an account in your name with the utilities company ?

[expat]

The issue here seems mainly debt collectors who try to collect utilities money, I doubt one legal letter would work on them.

Congratulations on actually having read the post!

[AtW]

I meant a letter - see my previous post. If that fails, set his car on fire - often tips the balance in one's favour.***

The issue here seems mainly debt collectors who try to collect utilities money, I doubt one legal letter would work on them.

[Bob Dalek]

Maybe one hour consultation with lawyer is handy but avoid hiring them to deal with the case - it will go to small claims (at best) and this means you won't recover legal costs.

I meant a letter - see my previous post. If that fails, set his car on fire - often tips the balance in one's favour.***

[sunnysan]

Forum

This forum dispenses free legal advice

http://www.landlordzone.co.uk/forums/

I have no idea why they do it for free but you should at least be able to establish your position from a legal standpoint

[AtW]

Part with £100 - 200 and get a lawyer on the landlord's back.

Maybe one hour consultation with lawyer is handy but avoid hiring them to deal with the case - it will go to small claims (at best) and this means you won't recover legal costs.

[eliquant]

Do you have anything dated in writing for that period? If you do that proves landlord was aware of you leaving tenancy and that's the key point.

I have a dated and signed tenancy agreement from the landlord stating when the tenancy agreement STARTED .... and I have a a letter from the Local Council Tax Borough clearly stating an official END date of my tenancy and that the Council had been in contact with my landlord CONFIRMING this tenancy END date.

should be case closed but I just don't want any more hasstle.

[Bob Dalek]

That was a brilliant post, until you said "touch base".

But apart from that, some excellent advice I think!

Rhubarb.

Avoid CAB. Contrary to popular opinion, they are not ex-LA Hot Shot Lawyers (like Shark, et al) who want to give something back; they are often old ladies and gents who are as clueless as oneself. Part with £100 - 200 and get a lawyer on the landlord's back.