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Everything posted by swift49

  1. Once again, thank you for all your help Ubiquitious. I've sent a request off to the management companies solicitors to provide me with a breakdown of the service charges. I'll also seek legal advice regarding the summons the mortgage company has issued me with. I'll let you know what happens.
  2. LOL, my fault. There was a period of time when we were the only ones living in the block. This was only for about 8 months. They could be trying to charge us for service changes during this period for the whole property as nobody else was living there during this time. Even if this is the case, there has been no servicing of the apartment. The fact that they’ve asked for the keys to the property only now suggests that they haven’t performed any maintenance to the property (internally at least). If they do start giving me the run around regarding the servicing history, is there any way I can force them to provide this information?
  3. Thanks for your advise Ubiquitious. It's really helped me to get a clear view of what I should do next. The ground rent on the property is £300 pa. There are three other tennants in the property. The total number of flats in the block is 5 so 1 flat is currently vacant. I'll get on to the management companies solicitors ASAP to get a full breakdown of all the charges in relation to the property. I've also sent a letter to the mortgage provider to stop any cheques going out to the management company as we are disputing their charges. I'm still waiting for the ammended summons that they are sending out. In the mean time I'll get some legal advise. I'll let you know how I get on. Thanks again for the advise.
  4. Hi, I have an urgent problem that I would like some advice about because I really have no idea where to start. Please bear with me, there’s quite a bit of history but here goes... I have recently been summons for a court appearance for areas on my mortgage account. I do have arrears on my mortgage account (1 month) but have an agreement in place with my mortgage provider (GMAC RFC now Paratus AMC) to repay the arrears owing which we have kept up to date with (I pay £50 a month towards the areas + my normal mortgage repayment amount). This arrangement is all up-to-date. On questioning the mortgage provider about this they have said that the particulars in the summons was a mistake and the real reason for the summons is due to outstanding ground rent and service charges owing to the company managing the property (they say a company called News service). They have now decided to change the particulars of the summons and will be contacting the court to make the amendment. They say that they have been contacted by the managing companies solicitors (Altermans Landlord and Tenants Solicitor’s ) and told that we were in areas with our ground rent and service charges totalling just under £2000. They (the mortgage provider) are also in the process of preparing a cheque to be sent out to the managing company for the amount that they say is outstanding and plan on suing us for the amount that they are going to pay them. They have also said that they were contacted before by the management company a few years ago and issued a cheque out to them for £11000!! This, they say was for the same reasons, ground rent/service charges and this amount has been added to our mortgage account!! We have had problems with the management company for our property ever since we moved in which was about 5 years ago. The first company (Chattams I believe) went into administration about 6 months after we moved in. We didn’t hear anything from any company after that for a couple of years. We then had a letter through the post saying that management of the property had been taken over by News Service mentioned above. Since that letter we have received no further contact from them, no requests for payment of ground rent (it should be £300 PA according to our original mortgage agreement) or any breakdown of service charges etc. Also during this time there has been no servicing of the communal areas in our flat. There is no lighting in the hall ways, the fire alarms do not work and all the communal areas are in disrepair. Now to add to all of this we have recently received a letter from another management company, Salter Rex saying that they have now been appointed to manage our property by BDO Stoy Hayward who are currently handling the administration of News Service!!! The letter from Salter Rex stated that they are the management company appointed by BDO Stoy Hayward to maintain the communal areas of the property. It stated that they have no keys to the communal areas of the property and asked if they can obtain a copy. This was received January this year. I called Salter Rex up today, attempting to explain the situation to them and at least get a break down of their costs and a schedule of what they would be charging us for services and details for when we should pay the ground rent. They then told me that they were the ones who appointed Alterman’s to pursue land rent and service charges for our property and that they had been managing our property since 2008!!! I’m really confused now and I’m not sure how to deal with this. We have our mortgage company suing us for service charges and ground rent arrears, who have already added £11000 to our mortgage account for the same reason. Our ground rent is £300 PA so over the 4 year period which we have been out of contact with any management company we should have owed £1200 in ground rent. So the management company who haven’t stepped foot in the apartment have managed to get our mortgage provider to pay out £9800 in services charges! This management company seem to believe they have been managing the property since 2008, however they are only now asking for the keys to the property in January 2011!! Could anybody please advise me on what to do next? The mortgage company has stated that they will not cancel action until they get written confirmation that we have come to an agreement with the management company. The management company has said that we need to consult with their solicitors. The Solicitors have said that we need to sent them an email. I feel as though we have been totally [problem]med am am very worried that this could result in up losing our property. Any advise that anyone can give would be greatly appreciated. L
  5. Hi Guys, I need a bit of help. I received a letter today from one of the the DCA's who I've issued a CCA too, saying the following: "Thank you for yo letter dated 25th November 2006 regarding the above account. I can confirm and advise the following: 1. Hillesden Securities T/A direct & legal & collections are an agency collecting on behalf of our client, Volkswagen Financial Services UK Ltd. 2. Your request for information under the Consumer Credit Act 1974 is required to be made directly to the client that legally owns the above account; Volkswagen Financial Services UK ltd. 3. Please forward your request to Volkswagen Financial Services UK Ltd and they will respond to you." The also returned my £1 postal order I thought that the DCA acting as the agent recovering a debt on behalf of an OC was also required to provide this information by either requesting it from the original OC or from their own records. What would you suggest I reply to them with regarding this? Is there a template that anyone could recommend that I can base my reply on? Thanks for all your help.
  6. Hi Fedup, Sod'em, great names by the way . Once again thanks for the advice. It looks like the best way forward is to wait for their response from the CCA and then send them the letter posted by Fedup. Cheers again guys and good luck with your S.A.R. NRTGUP.
  7. Thanks for replying Fedup. Do you think I shold wait for them to respond to the CCA first before sending an SAR? Also, the account which I believe may be status barred i'm sure I haven't had any dealings with for at least 6 years. The agreement was originally made aprox 11 years ago now. Once again thanks for your advise.
  8. Hi Guys, I've sent a number of CCA's off to a number of the DCA's who are currently harassing me. There are a few who I believe are acting on debts which are unenforceable. There is also one which I believe may be currently statute barred. What kind of response can I expect to get from the CCA's? Also, what kind of response should I give back if I’m not provided with the information requested in the CCA? There is one DCA in particular which I am currently struggling to maintain the instalment amount which they dictated to me. It is with DLC (Direct legal & collections). Originally, the finance was provided by VW finance for the purchase of our car. We ran into problems late last year and fell behind on our monthly instalments. Unfortunately, the account was passed onto DLC and VW now refuse to discuss the account with us. I'm guessing that DLC may have bought the account from VW. Once the account was passed to DLC they forced us to pay off the current arrears. The car was really needed at the time as I used it to commute to work so by off-setting a number of other priority commitments we managed to pay off the outstanding areas. From there, DLC forced us by harassment to pay £500 a month to stop any further action. Our original credit agreement was only £344 a month, but they still insisted that we pay £500 a month. Being naive we complied with this and they said that they would review the account in 6 months with a view to reducing the instalment amount to what we were originally paying. We kept to the £500 instalment amount for the 6 months seriously neglecting our other obligations. Then after 6 months we asked them if we could reduce the monthly amount which to our surprise they replied NO! We are now really struggling because of the missed payments to our other commitments and have missed the last payment to DLC. They have not contacted us about this but we have just sent a CCA to them as we have no idea if they have added any charges to our account or where the payments we have made have gone to. Most likely, they will be able to provide the CCA. If they do, we want to negotiate a reasonable instalment amount that we can comfortably afford without neglecting our current obligations. Is there a template anyone could recommend for us to do this? I believe we have paid off approximately 2 thirds of the outstanding balance and are actually ahead of the original payment schedule we had with VW! If anyone could suggest what we should do when we get a response from them that would be much appreciated. I’m sorry for the long post and thank you all for all your help. BTW. Would it be better for me to post this in another forum?
  9. Thanks for the welcomes guys, I'm just doing a bit of thread reading to get me up to speed to start off with. I have a few issues which i'm sure you guys will be able to help me with so will be starting a few threads shortly. Thanks.
  10. Hi Slappy Jack, first post for me today too. Good luck in your hunting.
  11. Hi everyone, This site is great!! I've been reading over a few of the threads over the last few days after coming across it on google. I've learnt so much already. My wife and I have been battling with dept, ruthless collection agencies, court action, bailiffs etc for as long as we can remember in fact over a decade since we originally got into dept back at university. We we're really starting to give up, feeling that we would never get out of this trap but finding this site has given us a new fighting spirit. It's so good to know that there is a community out fighting back and supporting each other. Its so good to know that we are not alone.
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