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lihi

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About lihi

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  1. lihi

    Banksmart

    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

    Banksmart

    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
  3. lihi

    Banksmart

    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'
  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 eve
  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 hi
  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 docu
  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
  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
  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 le
  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 fre
  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 advis
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