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Category: Law
Satisfied Customers: 1522
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Assistant: How can I help? I am currently renting a 2

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Hi
Assistant: Hello. How can I help?
Customer: I am currently renting a 2 bedroom flat via a housing association company called Saffron based in South Norfolk. Upon taking up the tenancy I was given details of my weekly rent to pay. As I get paid monthly it was calculated and set as a monthly repayment, I set up a standing order and have been paying without fail. A year later Saffron contacted me to say they had miscalculated and I owed them a few hundred pounds and I was now in arrears. I increased the standing order to as much as I could manage, Saffron are now threatening legal action. As this was their error and took them a year to realise am I liable?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: So far I have increased the monthly repayment and told them I would try to pay it in full by the end of the year. I have sent numerous emails asking if an agreement could be reached, I heard nothing until I received a letter threatening legal action. I just wondered if I was liable as they made the error and took so long to inform me.
Assistant: Where is the flat located?
Customer: In Sprowston Norwich
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No other than I have never defaulted and am keeping the property in excellent condition.

Hello, thank you for the question.

I am a UK qualified lawyer and happy to help.

I presume that the increased payments were not contained or detailed within the agreement which you signed?

Jim

Customer: replied 1 month ago.
Correct, the signed agreement I signed was for the original amount the association set for me.

Thank you.

In that case there is a binding contract in existence and you would only be liable for the original payments. Therefore, if Saffron decided to escalate this and issue county court proceedings, you could easily defend the claim on the basis there was an offer and acceptance and you have maintained the agreement. You could also counter claim for the further monies you have paid over and above your usual payments to them.

I would therefore write to them in the above terms and ask for a payment to reflect the money you have paid to them over and above your contractual payments.

If required, I can help with a letter to them and I can also help with a defence if they decide to pursue you. The mistake is theirs and unless you signed another agreement to agree to the higher payments, they are bound by the lower payments and indeed they actually owe you money (not the other way around).

I hope this helps - if you can please accept the answer and give me a star rating (there should be a row of 1-5 stars at the top of your screen to allow you to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 1 month ago.
Jim you have been most helpful, thank you very much, I will contact them and if I do need any further assistance from you is there a way I can contact you?

Hi there, it's no problem at all.

If you can give me a rating on here, I would be grateful. I will also send you the premium service which costs a few pounds but means you can contact me by email.

Have a good day

Jim

Jim1079 and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Many thanks, ***** ***** the rating now.