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About lihi

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  1. lihi


    We charge commission on the amount your bank agrees to pay or deduct from your debt with them at the rate of twenty nine percent (excluding VAT) plus costs (court fees and legal fees) where these have been paid by Bank-Smart and added to the total claim for charges plus interest. All claims are subject to a minimum fee of ninety nine pounds sterling (exc VAT). This statement was above my signature, is it still classed as hidden?
  2. lihi


    That's what I thought and I replied to the email saying that but was told it wasn't on a no win no fee basis. confused!! Have a look at the conversation below Dear The statement regarding the fee in all cases is just above your signature on the letter of engagement. There is also a statement that clearly states that Bank-Smart makes no representation or warranty that a settlement will be obtained or is anyway guaranteed. Regards, Senior Management Team (Working on a saturday?????) No where on that letter does it say I will incur a fee in the event the claim is unsuccessful, had you have been clear about that I would have done it myself. Currently I do not believe I owe anything. Dear Please can you confirm your contact telephone number. (yeh right you must be joking, don't remember getting stupid written on my head). Please see attached for the signed letter of engagement. The statement regarding the fee in all cases is just above your signature on the letter of engagement. There is also a statement that clearly states that Bank-Smart makes no representation or warranty that a settlement will be obtained or is anyway guaranteed. Please ensure that any invoices are paid by the due date to avoid incurring further costs. The claim(s) concerned have not been successful and we have invoiced for costs capped at £99 + VAT for each of these as you do not have a No Win No Fee contract with us. The actual costs incurred are likely to be significantly more than what we have invoiced today. Please ensure payment is made within 14 working days so we can continue to provide you with settlement(s) of any remaining claim(s). If payment is not made within 14 working days we reserve the right to re-issue the invoice for the full amount of costs incurred. Regards, Dear You have a Bank-Smart invoice with an amount of £118.80 outstanding in respect of the claim 1111 for Costs (Capped at £99 + VAT) for unsuccessful claim. You may make full payment using the secure link below: Or to setup a standing order over 4 months (the maximum we are able to accept), click below: Please print the standing order form, complete and return to us at the address shown at the top of the standing order. For details of all of your claims/invoices please use the link below: and enter the details: It would assist in maximising your settlements if you could list all companies you have used for loans/mortgages/credit cards/store cards/PPI (payment protection insurance) and Car Finance/GAP policies over the past 10 years and their associated card/account/policy numbers (if known). Please confirm in a reply to this email and we will send you the required forms to maximise your settlement(s). Where you have evidence of a loan or policy please provide it to us as it can assist greatly in settling your claims quickly. For queries regarding this invoice please email support@bank-smart.co.uk Regards, Client Support Manager
  3. lihi


    Hi there A few years ago when the bank charges claim was rife someone suggested Banksmart who would do on my behalf. I gladly accepted as I had so much on I didn't have the focus to do myself. I appointed them based on them taking a commission, at no point was it clear that I would be expected to make a payment to them if the claim was unsuccessful. This week I receive an email saying I owe them £99 plus VAT for the failed claim. This is for an agreement signed the beginning of 2009. Surprised I emailed back and said I didn't agree to pay for a failed claim, they told me it wasn't a no win no fee and attached agreement. The particulars say. Once we receive your completed documentation we will send you confirmation that we are able to proceed with your claim and your banksmart secure online claim account login details that will give you 24 hour access to all the latest information, letter and updates regarding yoru claim through the secure Bank-Smart online claim system. Apart from signing to the required documents there is little for you to do, Banksmart will professionally manage your claim on your behalf and will endeavour to have your settlement paid to you in the shortest time possible. We charge commission on the amount your bank agrees to pay or deduct from your debt with them at the rate of twenty nine percent (excluding VAT) plus costs (court fees and legal fees) where these have been paid by Bank-Smart and added to the total claim for charges plus interest. All claims are subject to a minimum fee of ninety nine pounds sterling (exc VAT). I have read the letter of engagement and the companys terms and conditions on the reverse and agree to be bound by them. It is my signature and my full name and previous address is written in my handwriting at the top. I am dyslexic and when I read the £99 I thought that was taken off the banks commission. Any thoughts? Why has it taken them so long to make contact?
  4. Deposit is with the insurance based scheme held by original agent. It gets complicated where original landlord went into receivership, receivers sold at auction and new landlord has given notice, I have a section 48 (i think that's what it is) in a draw upstairs which I received after he took over.
  5. Hi I entered into an Assured Shorthold Tenancy in England on 24 April 2010, a fixed term of 12 months which expired on 23 April 2011. I've read lots of threads which mention about the section 21 notice being correct, if not its invalid. Points to check are: The LL has ticked Periodic Assured Shorthold Tenancy (as opposed to Fixed Term AST). Date of Expiry is 23 July 2011 Date of Notice is Serviced 20 May 2011 Includes signature of Landlord As the notice is due to expire over the weekend the LL is in his right to start court proceedings from Monday? From everything I've read on the forum it looks to be correct but just wanted some second, third and fourth opinions. Has anything been missed? Apart from the timescales what can I expect from the court proceedings, do I just sit and wait for court papers and then bailiffs? Just to add can't find other accomodation and will be going into emergency accommodation. Thanks in advance
  6. Still sitting about waiting for something to happen, apparently the houses will be put up for auction but it's only hearsay. I'm sick with stress wondering about whats going to happen and when. Do I have any recall on the estate agent, for the reason that they never obtained proof of ownership on the property before vetting us as applicants. Had they have had this before they set up the tenancy we would never be in this situation. He has renounced his original offer to transfer us across to one of his other properties if we supply a months rent up front, and because the receiver has his contact info he's now supplying all our personal information to the receiver, against my request - against my wishes. Can he go against my request? Is he wrong to share my data without my consent? I know there is some recall against the person who we thought was our landlord and paid our rent to, can someone explain exactly what it is. Thanks
  7. Hi, thanks for coming back to me. Thanks KL, I will be putting the rent payments into a spare account until someone can prove they have the right to collect rent. The land registry document shows the charge was applied well before I moved in, which has answered one of my questions but my solicitor wants to see proof that the bank has the right to step in and take over the property. He was quite specific asking for the charge document but because the receivers and property management company seem blank every time I ask for the document I'm wondering if I'm asking for the correct document. I think the solicitor wants to understand whether the landlord has the right to sub-let. He's told me I don't have to offer them a copy of my tenancy agreement but theres no reason why I should give it to them and that I should use it as a bartering tool, to get the charge doc before I give them the tenancy agreement. Thanks for sharing your experience DD, unfortunately because I cleared out my savings to move into this property 5 months ago I will have to go back to social housing which means I can't leave until the court bailiffs come to remove me. I think the person I've been paying my rent to may be buying the properties but no one is telling us anything so I can't make any plans.
  8. So I asked for a copy of the charge notice by the bank and I've been given a land registry document which shows the charge was entered onto the property in 2006 (we moved in 2010), we've also been sent a declaration form which asks me to sign an acknowledge that the properties will be sold soon after being told verbally we'll be allowed to stay until the end of the tenancy. I've told the receivers property managers that until they provide evidence they have a legal right to collect against the property I will not give or sign anything. Can I sit back and wait for this to go to court before I hand over cash, I know that someone is trying to step in and take over the land and the debt, is it worth standing back to see what happens incase it prevents this going to court? I'm not sure what I was expecting but it wasn't the land registry document. I can't see the solicitor at the law centre until next week if I can get time off but I don't want to go just to be told I've got the wrong document. The solictor needs to see a copy of the charge which gives conditions inc whether there is a clause about no sub-letting. The document I have shows the history of the land since 1929 and shows a charges register. I don't think this is what I want but I'm not sure what it is that I want, I know this sounds strange but does anyone know the name of the document that I need to ask for? Thanks
  9. So today I meet with solicitor. He's told me that until the company provide the charge document I should refuse to deal with them, there is nothing to say this is nothing more than a [problem], though we know its not. The receivers supplied an appointment document on request for a charge document, is there another word for the document I need because I've googled it and can't find anything. For now I don't pay rent to anyone. He's told me to tell HB straight away as they may withold payments and could result in eviction quicker but I have to stay until the court bailiffs turn up to turf me out which could take up to 6 months from first notice and will cost me 600approx in court fees. At this stage the bank is intending on letting us stay until the end of the tenancy and then on a month by month basis until they are sold off but this will depend on the lender if they change their mind. This depends on how well they react to me being on HB and what a total pain in the backside they are being at the moment. I had the landlords agent call me to say the landlord is going to arrange to buy or transfer the property back and it will all be sorted in a couple of days after a meeting and he only found out yesterday in a letter. He got a mouthful, when I asked why his boss was letting properties that he didn't own? No answer. I asked him why he was pocketing rent from a let property that belonged to a company he resigned from over 2 years ago. No answer. Either he is extremely naive or thinks I'm stupid if I'm going to believe it will be sorted in a few days. I immediately phoned the receiver and the landlord has no more right to buy the property than myself or a man off the street and will take months and he will have to pay full wack. The receiver told me he was only trying to get rent out of me, I laughed and said you will not be getting anything out of me, you've not shown any proof that you have the right to collect this debt and until you do you're not getting anything either. So does anyone know what the next step is? I know that nothing has gone to court yet, the receiver said the lendee has defaulted and the terms of agreement say the lender can step in with receivers, they can remedy it but as the company has gone under no one will remedy it. Do we have to wait for it to go to court before they have a right to request rent? Anything on what to expect next? Thanks Mr Shed and Aequitas for your input so far. [/url]
  10. Okay so done some research. The company mentioned on receiver letter is definitely resolved but the person who I have been paying my rent to and his wife resigned from the dissolved company as directors in 26 August 2008. My tenancy started in April 2010. The company has been a running joke and people who run these type of businesses are fly by nights and need their heads banging against a wall. The company has loads of stuff against them over the years like suspended compulsory strike offs. FIDIOTS, these crooks knew what they were doing.
  11. Thanks. The company they refer to has definitely been marked as dissolved by companies house but my tenancy is with an individual, no company mentioned on the tenancy agreement. the company is recorded as 7011 - development and sell real estate. I know the history of the houses, its not even 2 years old it used to be a scrap yard and was bought by a developer and 3 homes were built on it, the homes went up for sale after completion but as the market had crashed they wouldn't sell so they were rented out, the first lot of tenants each left the houses in march for various reasons. We were lead to believe by agent that the developer was a person not company which seemed right as the tenancy is with a person, no company mentioned. When I signed some information for the tenancy at the start I noticed that all 3 houses were all up for sale. My gut instinct tells me that there are no mortgages for these houses, they were owned/built by the developer with a bridging loan from the bank until properties were sold and now the business has been dissolved these are being prepared for release to offset against company debt. But how does that fit with us, our tenancy is with 'john smith' and the letter is about 'john matthew homes limited'. Does this change the situation for permission from mortgager and notice period available to us? From what my other neighbours said from his conversation with receivers they are intending on getting rid of the houses which is why xmas was mentioned but for the short term will be collecting rent. One neighbour has asked me not to pay rent to anyone but I will have to play ball if I go to the council otherwise they'll throw 'intentionally homeless' me but if they're selling anyway why the hell should I, can they pursue me for rent not paid as of date given? The receiver said another landlord might buy the property and your homes could be safe but to me thats as reliable as saying father christmas might buy it - do I realistically need to start packing and putting my stuff in storage now?
  12. He mentioned xmas, because I think, he had spoken to the fixed charge receivers. I've just checked companies house and the company has definitely been dissolved. The neighbour gave me a copy of his letter, the other neighbour received the same letter and am waiting for mine. What I am wondering is my tenancy is with an individual but the recievers letter mentions a company. I'm assuming the landlord owns this company as it begins with his first name. i.e. john properties The letter says I am writing to advise that 'mrs smith' and I were appointed fixed charge receivers over the freehold interest in the above property on the 15 September 2010. The appointment was made by RBOS under the terms of the legal charge. The effect of this in practice is that the receivers have stepped into the shoes of 'company'. therefore, 'company' is no longer in a position to demand or accept rental or any other payment from you, although as receivers, we may instruct our managing agents to liaise with you in this regards. Any rent you pay to 'company' from now on will not be recognised by the receivers as having been paid. I would be grateful if you could arrange to contact me as soon as you are able in order to let me know the following; details as to who and when rental has last been paid also whether your property is let furnished or unfurnished if you have any gas heating and if so when the boiler or fires were last inspected by a corgi registered inspector do you share occupation of the property with others would you please telephone blah blah blah at your earliest convenience to discuss. if you wish to refer this letter to a legal adviser or the CAB then please do so. The company that the receiver mentions is registered as dissolved on companies house. I've just spoken to the other neighbour now I've regained some composure and he said he spoke to the receiver who told him he should try and get out as soon as possible but I think he's said that just to make his life easier because then they won't have to pay to get us evicted. We have no other option but to go to the council and I know they'll make us drag it out at every hurdle before they house us. Theres no point taking the landlord to court, more wasted money. Might as well save it for a move. Thanks for your advice, what is the process now, what should we expect? Should we start packing? Do I get our housing benefit suspended until this hell is over.
  13. Hi I feel like I've been punched in the gut. My landlord owns the two properties I am joined to, I was shocked to get a knock on the door this evening and more so because it was both the guys from each house. I was shocked to find them on the door, they came in and told me that they had both received letters today from receivers for the landlords mortgage company RBOS. I haven't received mine but should receive it tomorrow. I signed a year contract at the end of April, I know that my deposit is protected but other than that I'm not sure what else to do. One of my neighbours advised me not to pay any more rent under no circumstances, save it and move once we get evicted. He's been told we should be here until just after xmas I've never been in this situation before, I'm reeling with shock and have been physically sick. We moved here at the end of April and I'm tempted to go to the landlords house and punch him on the nose because he must of known when we signed the tenancies. I can't afford to move into another rented property, no landlords will accept hb in my area now so I have no chance and it will be back to the council. I'm so upset because I worked hard to save my money and go into rented and now this. I'm devastated and can't stop crying. Please someone share their experience or knowledge of this area and what to do next. We are in receipt of HB or will be once they finish reviewing our info, I've already planned to visit one of the law centres first thing.
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