How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask ReadyLaw Your Own Question
ReadyLaw
ReadyLaw, Lawyer
Category: Property Law
Satisfied Customers: 4405
Experience:  Bar Professional Training Course
104128041
Type Your Property Law Question Here...
ReadyLaw is online now

Sorry for the length, but it takes a bit of explaining. I

This answer was rated:

Hi
Sorry for the length, but it takes a bit of explaining.
I have a debt to a former landlord of my son's, because I filled in a guarantor form when he rented a flat. This was 10 years ago and when he left, there was unpaid rent and work to redecorate the flat, and the debt reverted to me when he did not pay it. However some of the rent being claimed was actually for after he left, when the flat was being decorated and only stopped when my son found out that the landlord had changed the locks. I don't know how for how long before this the locks had been changed and don't think there is any proof of this now.
In the mean time, I had an IVA and the landlord told the administrators that he would freeze the debt while I paid off another debt that I had. It could not be included in the IVA as he had taken out a ccj on my house. However, when I finished the IVA after 5v years and wanted to start paying the rental debt, interest had been being added for the whole period. I asked for a printed account showing the original debt and when and how much interest had been added but he did not provide this. Earlier this year I stopped paying because I had exceeded the total amount given me at the time I started paying, but he told me that due to the interest I had more than £2000 left to pay. He did provide a spreadsheet at this point showing how the interest is calculated. My point is that if I had had the written account and understood how the interest was added when I first asked for it, I could have made different decistions about how to pay off the debt. Because of this and because he said he would freeze it when I had the IVA but didn't and because he had been charging for rent after my son had no access to the flat, would I have any grounds for a reduction in the debt? How much would it cost for a solicitor to write a letter asking him to take reduced amount for a final payment, which I can now make, and release the ccj on my house, if this is a possibility?
Many thanks
Lynn Eaton
JA: Where are you? It matters because laws vary by location.
Customer: Stafford, England
JA: What steps have you taken so far?
Customer: I have been paying a monthly amount towards the debt,
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, can't think of anything
Hi welcome to justanswer
Customer: replied 14 days ago.
Thank you
Customer: replied 14 days ago.
No thank you
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
If there is anything else you need, please let me know before I respond?
Customer: replied 14 days ago.
No thank you I would rather have it written down. I am happy to wait.

Thanks for your patience and enquiry. I am sorry to hear what has happened. It is unfortunate that you were not made aware of this. However it is likely that as part of the court’s order interest would have been allowed until the payment of the judgment debt.

I can have a look at a letter for you. It however will not show as having been written by me as I am not personally and cannot be instructed from this platform.

Alternatively you may find a local solicitor to you via the below link

https://solicitors.lawsociety.org.uk

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
Thank you. Can you give me any indication of whether a letter is likely to be worth it and whether not sending me a written account when I asked for it is relevant? Surely a debtor has a duty to inform you of the details of the debt?

The letter may assist in negotiating matters. The debtor really does not owe you this duty. The fact you were not informed will not result in the debt being written off unfortunately

ReadyLaw and other Property Law Specialists are ready to help you
Customer: replied 14 days ago.
OK, that's what I wanted to know, thank you.

You are welcome