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About kate999

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  1. Thanks for this, we are just composing a couple of letters, one been to the mortgage company to advise that the rent has been paid and that the charges are in dispute and not to pay them. The second letter is back to the Solicitors to attempt to get them to clear the charges. Whilst my brother was writing emails to them which they did not respond to the Estate agency were adding charges for late payment. If they had responded to my brothers enquiries then the fees would not have accrued. Do the estate agency have the right to add whatever charges they want to the balance? He has never signed anything with them and even in their introduction letter never gave details of when the payments were due. The difficulty is there is still an outstanding balance for the charges on his grounds rent account and he is looking to sell the property soon. As always your help is greatly appreciated. Kate
  2. Hi guys, some further advice on this will be good. We haven't heard anything further yet from the Solicitors, but before he paid the rent he did get a letter from the mortgage company. It seems the Solicitors had been in touch with them and in turn they contacted him. He has spoken to the mortgage company to advise the rent is paid and it's the charges he is disputing. He is worried as it appears the charges maybe added to his mortgage as they are saying he is in breach of his lease. I will attach a copy of the letter the mortgage company have sent. Your advice would be greatly appreciated. Thank you Letter from mortgage company natwest letter.pdf
  3. Hi Andy, So if we are responding to this letter the Solicitor sent what do you suggest our defence to their come back would be? Thanks, Kate
  4. Hi thanks Andy, I am going to copy the letter that we sent to the Solicitors and the response we have had. Would really appreciate some further advice on this. ***** LETTER TO BRETHERTONS ******* Dear sir/madam, I refer to your letter dated 1st March 2018 in regards to the non-payment of ground rent for the property ***. Please be advised that the payment of £200 has been made to your client via bank transfer on the 13th March 2018. In relation to the outstanding charges for your client’s administration fees, and the referral to you and the administration cost, I do not acknowledge them and will not be paying them. The first request for the ground rent payment for 2018 was a final demand on the 29th January 2018 which also included administration fees. I wrote (emailed) to your client on two separate occasions asking them to contact me and to check their records as there had obviously been an error. I have had no communication from them in response to my emails. I would also like to point out that it is only in November 2017 that I received request for payment for the ground rent for 2017 and I paid this following that request (which was the first time your client had contacted me to introduce themselves). I have records of all communication with your client and a record of all the financial transactions. I would like to bring to your attention that your client is in breach of Section 166 of the Commonhold and Leasehold Reform Act 2002 on numerous levels. As a result I will not be paying the the further fees that have been added as I have not even received an initial letter in a prescribed form which your client is legally required to do. A copy of this letter will be emailed to your client for their reference. Yours faithfully, ***** REPONSE FROM BRETHERTONS **** Dear Mr , I refer to the above matter and further to previous correspondence. I am advised by my client that they are in receipt of a payment in the sum of £200.00 from you. This has been allocated to your account and I attach an up to date statement for your records. Whilst I appreciate your frustrations, it is the responsibility of the leaseholder to ensure payment of charges are made on time and in accordance to the terms set out within your lease. Your conveyancing solicitor should have made you aware at the point of purchase of all charges, their due dates, your obligations to pay and the consequences of default. Failure to receive a demand is not a valid dispute for late payment. My client has served all demands and subsequent reminder letters via Royal Mail first class post to *****, which is the correspondence address held on record by my client. Post has not been returned and is therefore deemed as served. If you reside at an alternative address and updated my client in writing prior to the instruction of this firm, please provide evidence of the same by return an I will ask my client to investigate the same. As such, administration fees levied to your account for the credit control processes followed remain due, together with the interest accrued and legal costs incurred by this firm. The balance remaining for payment is in the sum of £483.02 and is broken down as follows: Arrears: £300.00 (see statement attached) Interest: £0.02 Legal Costs: £180.00 Disbursements: £3.00 Total Balance as at 20-03-2018: £483.02 Payment must be made to Brethertons LLP and can be made by credit or debit card or by bank transfer. Our account details are as follows; Lloyds TSB Plc 14 Church Street Rugby CV21 3PL Account Number: 00918958 Sort Code: 30-97-17 Reference Number: It is important that you quote our reference number when making payment by bank transfer in order to ensure your payment is allocated correctly. Should you wish to make payment by credit or debit card, please contact this office on 01295 661515 quoting the above reference number. Please note, should the balance remain unpaid, this matter will be passed to the County Court issuing team for their consideration. This may result in proceedings being issued against you in the County Court for the remaining balance with a view to obtaining a County Court Judgment. This will significantly increase the legal costs incurred to date and will have a detrimental affect on your ability to obtain future credit. *********** Any advice would be greatly appreciated. Although he has been in the properly for a year now the Estate agents only introduced themselves in November 2017 with request for the first payment, which was paid immediately. The only communication he has received since was a final arrears letter. He has never received a letter or schedule of payments from any party so had no idea when payment was due and assumed he would receive a letter when it was next due. Thank you in advance, Kate
  5. Hi, been a while since I posted, but was hoping someone could give me some advice on behalf of my brother. He has to pay a yearly ground rent on the property he owns. He has only been there about a year. He received an email from the Estate agency Braemar Estates last November introducing themselves and asking for the first year's payment of £200. Which he paid. He then received at the beginning of February a final demand for 2018 payment and an additional £150. He emailed them and advised he had not received any request for payment and there must be a misunderstanding, and happy to pay the £200. He sent them another email asking them to respond, the only response he has had is another letter from the Estate agency saying that further charges have been made and and he his account has been sent to Brethertons Solicitor, he has also received the letter now from Brethertons saying he owes over £650! Can I please get some advice how he can best respond to this? Surely these charges cannot be enforced? Thank guys Kate
  6. Hi guys, could really do with some help and advice on this one. I would have dealt with this much sooner but had major surgery a few months ago and had one problem after another so dealing with this hasn't been a big priority. I took my young daughter's and one of their friends to the Xscape in Castleford. I am disabled and receive higher for DLA. I do have a blue badge, but I had sent it back whilst waiting for my new one. Typically the new blue badge valid from date is a few days after my parking ticket date. When I arrived I couldn't find any parking, so after waiting I decided to park in a disabled bay. When I returned I had a ticket for failing to display my badge. I haven't responded to their letters demanding payment, and now they are saying they are taking court action. It is a private car park, and the ticket is issued by smart parking . It is now with the debt collectors, DRP. Any advice would be great, thank you in advance!
  7. Hi guys - the debt has been bought by CapQuest. I have been going round and round with this one and I can not find a template for "prove it" anywhere. I have looked in the library - any ideas where I can find one? Cheers
  8. I am agreeing with you here ims - I think they have had plenty of time to pay up now. Looking into the charges etc at the moment, going to request a full SAR on the account and see what comes back. I will write to say they have failed to comply etc. Thank you for your help.
  9. As far as I am aware they have bought the debt from MBNA - there doesn't seem to be a notice of assignment, this is an old debt - over 6 years old, a token payment of £10 has been made each month. Cheers
  10. Hi there, wondered if you could give nay insight on how to respond to a letter we received from dlc in response to a CCA request, especially in light of their last 2 points - Thank you for your recent letter regarding the above account. I can confirm the following - * I acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974. * We are still awaiting a copy of your original agreement and statement of account from the original lender MBNA. When these become available they will be forwarded to you. * If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the consumer Credit Act 1974. * We would like to draw your attention to the ruling in the case of McGuffick V RBS judgment dated 6 October 2009 in relation to "what is considered enforcement", the judgment stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered as enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered as enforcement. * Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgement the account will remain with our collections department for collection activity to continue. Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand. We have heard from them since a couple of weeks ago and they are still waiting on the "documentation". They have now had 2 months to deal with this and I am not sure how we should respond or proceed. Anyone got any advice on this one please? Thank you.
  11. Hi Guys, Could someone please have a look at this attached spreadsheet - I am not sure what I am doing wrong. The 8% interest isn't adding on, and I must have made a mistake somewhere, but for the life of me can't figure out what it is. Also - my understanding is that you can claim the 8% up to todays date, when it comes to the contractual interest it has to be thill the account closed. If this is correct how do we show this on the spreadsheet? I am assuming that the total CI tallied up to todays date and not the last transaction/statement date. Got a few of these spreadsheets to fill in and wanted to make sure I was using it correctly! Cheers peeps!
  12. Thanks silverfox, that gives me some useful information to go back to him with and plan of action - your help is appreciated!
  13. Hi - Trying to help a friend out who is in financial difficulty. A number of years ago he separated from his partner, upon this separation left him with a large amount of debt from different sources. He took a mobile phone out with Vodafone for her and she ran up a bill of £100's. It then got passed to a debt recovery where he has been making minimum monthly payments ever since. Whilst helping him work through his finances we sent a CCA off to CapQuest thinking the debt was actually something else. They advised that it is not a credit agreement but a service agreement and if he required a copy of the contract then he needed to go to the place of purchase. I haven't dealt with a mobile debt before and not sure where he stands with this one - doesn't cap-quest have to prove they have purchased the debt or prove the debt in someway? Also concerned that they are adding charges and interest etc as the debt doesn't seem to be reducing, but he has had little to no paperwork sent from them over the years so he is in the dark. Any ideas on this one? Cheers
  14. Cheers dx - thanks for the input - nice long thread for me to work though, no don't just the info I needed! Best go get the kettle on, looks like I will need a brew to work through that one! Lol!
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