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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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My flatmate wants to take me to court because she thinks

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My flatmate wants to take me to court because she thinks that I've made illegal profits from her technically stealing as she says. I have been responsible for all the bills for the last 4 years and she thinks I've overcharged her. I am no longer in control of these accounts. What should i do?

Thank you for your question and welcome. My name is ***** ***** I will assist you. If she wants to sue you she will need proof that you over charged her so she will need the accounts and bank statements to show what you charged her. Is she demanding money from you? Who is in charge of the accounts now?

Customer: replied 5 months ago.
My other flatmates are in charge of the accounts now. She's asked me to show her proof! She has said that I owe her £1500 at the moment.

Thank you. It is actually a criminal offence to pursue some one for money without proof or evidence - s.40 Administration of Justice Act 1970. I would deny any liability and say you have no means of checking what she is saying with evidence or access to the accounts. Say if she sues you you reserve the right to hold her responsible for the cost associated with defending your self. Are you still flat mates? Kind regards. AJ

Customer: replied 5 months ago.
I will do that. We're flat mates for another month, she moves out on 8th Dec! She has asked me to provide evidence to say that I've paid the correct amount as she feels I have overpaid. If i don't by the 8th, she will wait until 5th Jan where she will proceed with legal action. She has said that our bills have been calculated incorrectly. According to the legal world bills have to be accounted daily not monthy therefore she is owed money.

Thank you. The bills are accounted for however you agreed to it - if you accounted for it monthly and she agreed to that there is no legal precedent that will help her claim. Flat rents may be calculated on a daily rate and then broken in to 12 payments but utilities are billed by calendar month or by quarter. I would be most grateful if you would take a moment to rate my response so far. Kind regards AJ

Customer: replied 5 months ago.
Why is the idiot giving me cut off dates? I cant work out if she's threatening me. She says the law states that I need to ensure the bills are in order when she leaves the flat incase anything falls back on her within 28 days! We've already told her there is no problem and she's paid her bills. Im not in charge of the previous accounts, we may have even switched suppliers. You've really made me feel at ease, and given superb advice!!!
Customer: replied 5 months ago.
If she has taken bank statements as proof from house folder. Its without my permission, its my bank account and my details. Utility bills are there for everyone. The barclays house account is under my name and statements for everyone to look at.. just to make sure everyone has paid. Not to take copies to build up a case against me!

Thank you. Is there anything in the account that may raise suspicion? For example transfer of money to one another account belonging to you? If you are satisfied that the bills have been apportioned as you always agreed then you are no obligation to acknowledge her deadline. Kind regards AJ

Customer: replied 5 months ago.
I am satisfied. The suspicion has arisen because our previous flatmate Regina didn't pay the correct amount for bills for 8 months. When she realised she thought I knew it was happening because I hold the bank account and I am close friends with Regina therefore an accomplice. We only realised when Regina advertised her room on facebook at a lower price for bills and rent. She genuinely made a mistake and paid the outstanding amount immediately! Should I email her to say that I will go to the police for harassment if she continues to threaten me or shall I ignore it all for now. Should I need to speak to you via telephone next week, would that be possible? Kind regards Riz

Thank you. I would not threaten the police at this stage - I would write to her and say there is no basis to her claim and there is no burden of proof on you. Mention that the harassment is a criminal offence. If she continues harassing then maybe you can consider more robust action. The link should remain open. When prompted please kindly rate me out of five stars? Kind regards AJ

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