Legal / law advice needed!

Originally Posted by Runako

Haven't you been paying attention? The advice given so far IS to impart wisdom. No one has advised anyone to fill out any forms. Also, as I pointed out, a "lawyer" isn't the only available option. It will obviously cost to be advised by a solicitor whereas there are legal experts in other organisations who will advise and advocate for free. Also, my advice is worth money.

I don't appreciate the tone.

Originally Posted by Runako

Allan, get hold of the original agreement and scrutinise it. If your names are all on the utility agreement then speak to the utility company and make an offer to cover your quarter. Send them a copy of the tenancy as proof that you had four tenants in the property.

If your name is not on the utility agreement (and someone else's is) then give them the advice above and count your lucky stars because you're not legally liable to the utility company (or debt collectors).

If the tenancy agreement says you're jointly responsible for all bills then negotiate with the utility company.

In all cases of negotiating or making offers, use recorded post, keep a copy of all correspondence, send a cheque with your proportion of the settlement and advise that if said cheque was cash, this would be treated as full and final settlement of your liability in this matter.

As for tenant 1, only Karma will get them as British civil debts are unenforceable in Nigeria as far as I'm aware. There is really nothing you can do if they're out of the country. This is why its important for the landlord to retain the deposits upon proof of satisfying all utilities. Yours failed to do that and this is the result.

Which is also a good point for anyone in a similar situation. If you know you're going to move out, don't put money in the joint account to split the bill. Use the deposit as a means to settle up and then only add the difference if the deposit doesn't cover the full contribution.

I'm going to be very explicit here as it'd appear there has been miscommunication. I'm suggesting OP breaks ALL forms of contact.

That is very different from 'speaking to the utility company and making an offer', your own words. I'd have ignored this and not responded, chalking your post down to a simple misunderstanding, but you started out on the offensive before even contributing to the discussion.

What are you talking about? Doing nothing is not the best advice as there are implications. Why break all contact?

The bill is owed. So it needs paying. There's no dispute about that. The issues are A) Is the OP liable for part or all of the bill and B) What are his options in dealing with the dispute? These are the relevant issues. He didn't ask, "can I get away without paying it?"

In reality, he does not have to pay anything and as long as he's in Rome no one can do anything about it. Even when he returns, it will be difficult to enforce a judgement unless he can be traced to an address. However, doing nothing will have implications for his credit file. Perhaps no big deal, unless he needs a loan or mortgage. It also hangs around on record for an awful long time which can be really annoying.

Doing nothing is the last option anyone should chose. Even if it was a disputed bill or debt, one should still try to make representations to defend the claim, particularly before it goes to court, as its so very easy to obtain a default civil judgement against someone who isn't bothered to answer a claim.

But hey, don't take this advice from me. Call up one of those advice agencies and they will say the same thing for free.

Originally Posted by Runako

What are you talking about?

I've been really rather explicit as to what I've suggested.

Originally Posted by Runako

Doing nothing is not the best advice as there are implications. Why break all contact?

Not the best? Are you a lawyer? Do you know the full situation? Unless you can answer the last two questions with an affirmative, I really don't think you should be the one informing others what action to the problem could be the best.

Originally Posted by Runako

He didn't ask, "can I get away without paying it?"

You've done it again, I was happy with things being what they were, two different entirely fine sets of opinions, but then you go ahead and you do this again.

Whenever have I even begun to imply OP would be able to get away without paying anything? Better yet, as I've chosen my words carefully and here's the keyword here again, I've decided to be explicit, where have I stated he should expect to 'get away without paying'?

Originally Posted by Runako

Doing nothing is the last option anyone should chose.

Whilst I'm not going to jump to the assumption this was specifically in response to me, I am to going to make it clear again that getting a lawyer and doing nothing are two different things.

Originally Posted by Runako

...
In reality, he does not have to pay anything and as long as he's in Rome no one can do anything about it. Even when he returns, it will be difficult to enforce a judgement unless he can be traced to an address. However, doing nothing will have implications for his credit file. Perhaps no big deal, unless he needs a loan or mortgage. It also hangs around on record for an awful long time which can be really annoying.

Even if it was a disputed bill or debt, one should still try to make representations to defend the claim, particularly before it goes to court, as its so very easy to obtain a default civil judgement against someone who isn't bothered to answer a claim.

That is what your post should have been.

[PyroUK]

Depending how long ago it was his credit file has probably already been affected. You don't need to go into default for it to have an impact.

[Red Herring]

Originally Posted by LiquidFlux

Not the best? Are you a lawyer? Do you know the full situation? Unless you can answer the last two questions with an affirmative, I really don't think you should be the one informing others what action to the problem could be the best.
....snip.....

That is what your post should have been.

So I take it you are a lawyer then, otherwise you're not following your own advice?

The purpose of a public forum is surely to canvass opinion and seek advice based on other persons experience? I do think it's disappointing if someone expresses a particularly strong opinion without appearing to explain or evidence it, but it is only an opinion folks and certainly not worth getting worked up over.

[Pyro] Default has a worse impact. Right? Its all credit scoring. Late payment will score higher than default. A judgement will reduce the score considerably.

[LiquidFlux] Well I don't wish to clog up my signature with my CV.

This is a typical situation with student lets. It is not original or uncommon. I have mediated and negotiated in these types of disputes. There is a legal way to go about it and a practical way. Both of these require negotiation with the parties involved.

It is not necessary to be represented by a solicitor in negotiations. It is advisable to seek advice. But that's what the OP is doing. Or else, why post? Your advice to seek a "lawyer" is also advice. So should he not consider your advice?

However, better advice is to get an idea of options, which is what I've suggested. In the context of the dispute, the OP says he can't afford to pay the full bill. So where's he going to find money to pay for a Solicitor's time and still possibly pay what is owed?

I'm cheap and you're looking at £65 an hour minimum. So why not give the 'no cost' option? CAB and Trading Standards offer a good service and deal with this type of issue. They may not be the best "legal team" money can buy, but this sort of dispute is - believe it or not - straightforward.

So the advice to get a lawyer was already proposed and in itself is less useful in the context than to negotiate directly with the utility company.

By the way, depending on which utility company it is, they may not wish to negotiate directly as some effectively factor the debt. But it's still advisable to make an offer (if one is there to be made) directly to the creditor/utility company. If they refuse to enter into negotiations, get representation if dealing with a collection agency or factoring company. There are certain legal requirements which such companies must meet in order to pursue a debtor.

Again, this is the sort of advice you are likely to receive if you speak with an advice agency for free.

That's at least £32.50's worth of advice so far...

[PyroUK]

Yeah kinda.

You can have late payment markers, delinquents and defaults.

Generally speaking I believe it will go from LPM to delinquent to default. Think the OP said it was from June/July so if he is there it will poss be showing as delinquent now, but would depend on when the utility company decides it is. I have seen credit files marked as delinquent after 6 missed payments but it may have just been those companies policies.

If you are unfortunate enough to have a company that won't change a payment date, you could have every payment showing as late which might be worse for a particular person than if it's in default.

Credit scoring is a b tch.

Every finance provider will see each of those differently.


A CCJ will likely screw you the same way with any provider.