Dispute Over Rent And Property Damage

[Rentingbob]

I had a long running dispute over back rent and some property damage. My former landlords daughter takes care of the finances for him and she obtained a judgment from suing me for over £4000 in payments of back rent and the property damage.

She is now applying for an attachment of earnings order to ensure I have to pay her. This could be up to £200 a month I will have to pay and that will plunge me into a lot of financial difficulty.

The daughter seems quite ruthless and she says that putting me into deep financial difficulty is of no concern to her at all and she is ensuring I pay her in full, yet I know she is already raking in big profits from renting.

I ‘m not actually looking for legal advice, but I would like to know your views on how you see this. Is she right to show no concern about the financial difficulty she is putting me in despite already raking in good profits or is she just going about this is a business manner?

[douglas9401]

First of all, do you actually owe back rent and money for damage to property?

[Rentingbob]

Legally yes, I didn't actually cause it all but I am liable so I can't dispute I do owe for this.

[Bazile]

She's not doing anything illegal

Right in this instance is like asking if she should show some form of altruism and not pursue you for the money

She is not under any obligation to so do

Whether she is right or not is not really relevant

[Zacs-Master]

‘Is she right to show no concern about the financial difficulty she is putting me in’
Yep.

[THECORBYLOON]

What have you done with the money you saved by not paying the rent when it was due?

[EDDIE51]

You can ask for a different repayment plan . Pay less over a longer time. Get in touch with the court that made the order and ask for an expenditure form to list your income and outgoings. Then make an offer you can afford. I have a judgement against me for £9,000 I owed a bank,I offered £2 a month as I only have a basic pension as income. They accepted. As long as I keep up the payments there is nothing more they can do . No interest is payable only what was originally owed.
If they do not accept the offer , they can come back and ask for more. But you do not have to accept their counter offer. You just make another slightly higher offer.(say £2 a month)
I also have another judgement for £5000 from a finance company. I pay £1 a month on that. I will be dead long before it is payed off. But the debt dies with me.

[THECORBYLOON]

"But the debt dies with me."

Why would the estate not be liable for the balance of the debt?

[Bazile]

The question asked is - is it right to show no concern

[EDDIE51]

^ Because it is a CCJ in my name only . It is under a debt repayment plan. It ends with my death. I was told that by the CAB money advice service who set the plan up.

[JJ109]

The debt repayment plan ends with your death, but surely the debt does not (provided there are assets in your estate after paying funeral expenses).

[EDDIE51]

Bazil, If a mutually acceptable repayment plan can not be agreed the County court decide on the repayment plan and enforce it. So it does not really matter if the person owed the money is 'concerned' about the debtors financial situation or not .

[EDDIE51]

jj109 I can only repeat what the CAB advisor told me.

[EDDIE51]

^ There won't even be near enough in my estate to pay for a funeral. I will be relying on the funeral grant from the DWP. (what used to be called a paupers funeral.)

[JJ109]

If there are no assets, then indeed, the debt dies with you.

[andy-hughes]

She would argue that her superior financial position is down to her proper management, and your inferior position is down to the opposite.

In business relationships, sentiment rarely plays a part.

This woman does not know you personally, she does not owe you anything, rather, you owe her, so the sympathy angle is unlikely to work.

Approach this from a practical angle.

Advise her that a lower payment over a longer period is less likely to jeopardise the plan in the future, and make payment a seamless painless process for her.

[Rentingbob]

Thank you for your information Eddie51, though I don't think I am in quite the same boat as you are!

[Bazile]

Eddie , I'm pointing out what the poster asked i.e.
' is she right to show no concern '

The poster didn't asked for advice on how to proceed

[Cloverjo]

It might seem unfair, but she's not running a charity.
The court might decide that £200 per month is too much, anyway. It might not be as bad as you fear.

[Rentingbob]

Bazile, I do appreciate Eddie posting information about his situation, but you are right that my question was is my former landlords daughter right to show no concern at all about the bad financial situation she is putting me in rather than how I might proceed with this. I'm just interested to know honest views on this whichever side they might see with this.

[woofgang]

yes she's right. She is running a business, its not personal. Profit that she is or is not making elsewhere has nothing to do with what you owe.