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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi Guys,

has anyone heard of this company?They manage the estate where I live, tidy up the gardens, not front gardens, but communal areas, pick up rubbish out the car park etc.I got a letter off them today because I haven't paid my £42 estate charge, so they have added a £21 admin fee as the cost of writing to me over it. I think this is extortionate.

The reason I haven't paid is that the terms and conditions on the back of their paperwork refer to tenants and lease holders, of which I am neither, so I wrote and asked them for a copy of homeowners terms and conditions, which haven't been forthcoming.

 

ThankS

 

Mike

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  • 6 months later...

Hi Mike

 

I have just bought a freehold house with its own drive and garage and have been charged £148 when we completed the sale last month supposedly to maintain the "green areas" on the development not adopted by the local authority.

 

If you google Chamonix estates you will see a number of residents that have successfully challenged their outrages charges, I have dealt with this company in the past in the industry I worked in and they do not do a very good job of maintaining the properties or areas that they supposedly are paid to care for.

 

Had I been made aware that this was the company that David Wilson Homes had contracted I would probably have not have bought the house. I now intend to engage with them to get a complete breakdown of their charges and challenge them every inch of the way!

 

Mark

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I think it could be argued that you are a tenant of the estate. These charges are common for leasehold properties and even in some freehold properties, with lh you at least have a lot of legal protection but with fh estate charges, a lot less and it is purely contractual.

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Worth reading this as it does partially explain Estate Management Charges, there is some right (although limited) to apply to an FTT (previoulsy LVT) to ask them to judicate on certain charges (I was unaware of this and apparently so weresome LVTs/Courts !).

 

http://nearlylegal.co.uk/blog/2014/01/putting-it-off/

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  • 3 months later...

I've challenged them to provide me with evidence of what they have actually done for me on the estate? Never seen them around the place, very slow for repairs. I had a repair issue the day before Christmas which I reported and it never got sorted until the new Year.

Awful to deal with, crap customer service. Wish you the best.

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  • 8 months later...
Any more news on this? Similar issue here and getting ready for court

 

Chamonix Estates are a company headed by Adrian Povey and Louise Pugh. This company have broken every rule in the book and have never acted in accordance to the terms and conditions of the lease. They have a history of problems and in a recent search I found many links on-line showing how bad they are.

 

 

Alex J

Edited by honeybee13
Pejorative/defamatory language.
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I have to agree, I have had the same exact problems.

 

Each time I ask them to provide evidence of their work and what they are actually doing with the money,

they do not respond and come back at me with threats and try to turn it around on me.

 

They are a very bad company and group of people to deal with.

They have far too many people interfere with issues and non seem to know what the other says.

 

They also never follow through on what they agree and change minds like the wind.

 

Adrian Povey is the biggest [edited] of all.

 

He seems to think he can what he wants, when he wants and to whom he wants.

 

He walks around like he is honest and straight forward.

He think he is whiter than white but let me tell you, he isn't in my opinion and will have his day. I hope he gets what;s coming to him !!!

Edited by honeybee13
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LOL - seems like the same old story - They NEVER RESPOND with what you ask for which is a huge breach of the law and the lease - but yet they always add £21 and other charges they pluck out of think air followed by threats of legal action without first realising the laws they have broken.

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  • 5 months later...

Chamonix Estates were recently contacted about the lack of services provided although they insist on charging service demands without accepting responsibility for their failures.

 

A recent water leak with has caused damage to my mother's property was brought to their attention. My mother being of age and not from the UK finds it difficult to speak English. Therefore, I made contact on her behalf.

 

They are useless and do not contact me when asked to provide any help or advice. I have tried numerous times to contact their office and kept being passed through various departments. It has taken more than 3 weeks and 9 calls and emails to try and explain my issue but yet still NO HELP OR RESPONSE.

 

I tried to contact the management company which I was told is Grove Road One. Still NO HELP AND NO RESPONSE.

 

I was spoken to very rudely by someone in accounts after I stated that if the problems were not resolved that I would stop paying the service charges. They threatened me and stated that they would issue a court order against me and that I would have charges for costs on added to the account.

 

This is highly unacceptable and disgusting. I am outraged as to how a company who is responsible for the management of our property can ignore problems that have been going on for so long especially when an elderly woman with poor health is suffering.

 

Shame on you Chamonix Estates and Grove Road One. I will be stopping our service charge payments and seeking legal advise. Apparently, we are NOT the only ones who have exprienced these problems.

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  • 1 year later...

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Thread now closed as its only been bumped annually with new user stories

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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