Being chased for unpaid utility bill as an ex subletter

[Rirawin]

I was a subtenant from July to August 2011. It was an informal agreement with the current tenant, of which the landlord was unaware of. Nothing was signed and it was just a verbal arrangement. While being a subtenant there I did change my billing address temporarily to that address and paid one of the tenants cash in hand for the rent, which included bills.

Fast forward to this week and I've been chased up by a debt collection agency, stating that I owe x amount to a utility company for a billing period of April 2011 to December 2011 at this said address.

I argued with the agent, after having confirmed I lived there for a period of a month, that I had not signed any tenancy agreement, nor registered with any utility company, under my name while at that address. The agent asked if I could prove I moved out from this address, and I said no I couldn't, as it was just a verbal agreement. However, I informed the agent I can prove that I moved into my current address back in October 2011. At this point the agent hung up for an unknown reason and didn't bother to call back until the following day. I told the agent I can prove that I was only at the address for a month as I have tenancy agreements, signed and dated for the two addresses I was at before and after the time I was a subtenant at this address. The agent then asked me to email copies of them to her. However, I am dubious about doing this as I'm worried they will scan and "copy and paste" my signature and falsify documents.

Additionally, a second debt agency contacted me today, via text and telephone, but I didn't pick up, regarding the same issue.

Do either the utility company or these debt collection agencies have any power to force me to settle this amount as nothing was written in the tenancy to say I was even living at that address to begin with? The problem is/was the flat consisted of Chinese tenants who used to sublet these rooms... and have now all gone back to China, apart from myself, so I think that's why I've been singled out.

I believe, they managed to track me down as I had registered with the same utility company under my current address and perhaps their database did a "match" under my name. The irony of it all is, that both the utility company and the debt collection agencies, have misspelt my surname in all instances... and I'm soon to move address come April time...

What is the best course of action can I take? I am planning to send a letter to one of the debt collection agency's who has written and called me regarding the outstanding debt. Using the template from this website:

You know nothing of the Debt / Prove It template
Our Templates | Harassment & Intimidation Templates | You know nothing of the Debt / Prove It

While the other I will ignore for the now as they have just messaged and left an answerphone message for me, and nothing "formal" has come through the post.

Any suggestions or help in the meantime would be greatly appreciated.

[MrsD]

Re: Being chased for unpaid utility bill as an ex subletter

welcome to AAD

the first thing I would say, is don't speak to them on the phone. If you present yourself as the fall guy, they'll stick you for this debt. If you haven't ever signed anything, do you think someone else has used your name?

I would send the letter you suggest and see what comes back, but definitely stop speaking to them on the phone and don't send any personal papers to them, they have no right to ask, just send the letter.

[Rirawin]

Re: Being chased for unpaid utility bill as an ex subletter

Thanks for the welcome and swift reply.

I can only imagine they got my name from the post I may have received at that address which I didn't collect, as mentioned I never met the landlord, just only one of the tenants who I made the arrangement with. There were three rooms in the apartment, one room was "occupied" but the tenant had gone back to China for a long period of time, another room was spare, as the tenant had moved somewhere else in the UK (then eventually back to China), hence the sublet, and the third room was occupied by said tenant who I had dealings with. As mentioned the landlord was unaware of the subletting going on, and to be honest I was a bit foolish to go for it, but I was in dire straits at the time. I'm guessing the landlord had "forwarded" my name onto the utility company/debt collection agencies.

When speaking to the agent I have outright denied any responsibility for the debt, stressing that the account wasn't under my name, nor a tenancy agreement signed. The only thing I did say, which may have been detrimental to my case, is that I verbally confirmed my identity and that I had resided at that address for a short period.

If they are requesting copies of tenancy agreements am I entitled to retort with a request for a court order from themselves demanding such documents?

Seeing as I am moving house in April, I am planning to start a new bank account, switch provider if the new place is with same utility company, and attempt to leave no forwarding address. I will also be changing my mobile number too.

[MrsD]

Re: Being chased for unpaid utility bill as an ex subletter

I would just ignore any requests for any personal documents. Your former landlord sounds just a touch dodgy, if he has put your name on anything, it could be construed as fraud but then I suppose subletting in this manner isn't exactly right either.

I would stick with your original plan, fend them off with the prove it letter and see what happens. how much is the debt?

[Rirawin]

Re: Being chased for unpaid utility bill as an ex subletter

The amount is for £301.98.

I'll be sending the letter special delivery on Saturday so they should receive it by Tuesday. I've also signed it digitally as suggested, to cover myself, and will be keeping a copy of the letter.

I'd like to say I do appreciate the comments and suggestions to date.

[oscar]

Re: Being chased for unpaid utility bill as an ex subletter

If they are requesting copies of tenancy agreements am I entitled to retort with a request for a court order from themselves demanding such documents?

If there are no documents to provide, I dont see what this would achieve other than to waste the courts (and other peoples time)

Your former landlord sounds just a touch dodgy, if he has put your name on anything, it could be construed as fraud but then I suppose subletting in this manner isn't exactly right either.

Possible about the Landlord, but subletting itself, I believe, is illegal

[Rirawin]

Re: Being chased for unpaid utility bill as an ex subletter

It's definitely a grey area and hugely dependent on the tenancy agreement between the tenant and the landlord. In some instances some landlords are flexible and allow subletting to occur, but of course it's at more risk to the tenant than the landlord. For example, if something gets damaged, or the subtenant moves out without notice, the tenant is then left footing the bill. I wasn't privy to seeing the tenancy agreement, so I am unable to comment further on this. Though I do have a hunch, as mentioned previously, that this wasn't discussed with the landlord, nor was permission granted.

Unauthorised subletting of social housing on the other hand is illegal... and for the record the apartment where I was staying, wasn't social housing whatsoever.

[oscar]

Re: Being chased for unpaid utility bill as an ex subletter

But also, as the Landlord has no agreement with the sub-letter, a court order is quite often needed to remove them.

The tenant would also have to continue paying the landlord after being paid by the subletter. Wouldnt be the first time its been used to gain a profit - let for £400 and sublet for £600

[Rirawin]

Re: Being chased for unpaid utility bill as an ex subletter

Oh of course, hence the Government cracking down on subletting amongst social housing, and yes the tenant can be taken to court for damages if found to be profiting from subletting. Especially if they do not have permission from the landlord and it goes against the tenancy agreement.

[Rirawin]

Re: Being chased for unpaid utility bill as an ex subletter

Just to add I am happy to admit I made a mistake of becoming a "subtenant", no matter how long or short the period was. I am just unhappy at the fact that this debt has somehow managed to find it's way to me, despite not signing any tenancy agreements or registering an utility account under my name at this address. I was told and under the impression (despite nothing written down) that the rent I had paid for that month to the tenant, covered rent and utility bills. At the time it was an easy and attractive solution to the problem I had.

Now I'm more concerned and focused whether or not I am liable for this debt or not.

I am aware that the real tenants of the apartment left the UK completely in December. Thus, I believe the landlord felt there were no other real leads, well other people to pass the bill/debt to, apart from my name on a few letters I had delivered at that address which I hadn't collected.

Anyway, I will just have to see what comes of the letter, and what, if any evidence is provided to me to show that I am responsible for the debt.

[Rirawin]

Re: Being chased for unpaid utility bill as an ex subletter

Oops I should also clarify I was the subtenant and not the subletter (tenant) subletting the room. I should go back and edit my posts to save confusion.

[Never-In-Doubt]

Re: Being chased for unpaid utility bill as an ex subletter

Just to chip in - tell them to fuckoff.

Sorry but what the hell. Are you the person responsible for the bills? No. Did you sign and agree to their terms? No. Are you their customer? No.

Tell them (by letter)

Dear sirs,

I have no idea what you are trying to contact me over, as I do not recognise, acknowledge or accept that I owe anything to your client and I put you to strict proof to show otherwise prior to my consideration of formally complaining about your behaviour and unlawful harassment to the FOS and MoJ requesting they investigate your suitability to retain your consumer credit licence

I have never signed any contract nor have I been a customer of [ENTER UTILITY COMPANY NAME HERE] whilst resident at the address in question. I therefore suggest you return this account prior to my consideration of retributory action against you.

I am not the customer.

I look forward to your confirmation that this matter is closed; failure to acknowledge this fact will result in further action being taken against you without prior warning.

Yours faithfully,

Just type your name. Do not sign.

[Never-In-Doubt]

Re: Being chased for unpaid utility bill as an ex subletter

^^^ sorry if there are any typo's - on iPhone and done that real quick

[Rirawin]

Re: Being chased for unpaid utility bill as an ex subletter

Thanks again for all the suggestions.

I've typed the letter out and decided to just type my name, rather than do a "signed digitally" thing at the bottom. Just to side on the err of caution, and below my name I have put in bold "NOT SIGNED".

[jen_br]

Re: Being chased for unpaid utility bill as an ex subletter

Typing your name is signing it Digitally