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FMZ

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  1. The investigator is what his signature says. investigator | Financial Ombudsman Service
  2. Sorry, I just saw this - I went to live in Ireland due to serious health issues. They are now sorted thankfully and I am back in the UK. Natwest settled and so did my other creditor. But it a serious family issue for them to work with me - I wouldn't recommend that route to anyone. I was in a very bad place back in 2011 - thank you guys for having so much patience with me. Reading over old posts is embarrassing. I hope the other guy got his case sorted out too.
  3. Hi guys, I actually had a very quick reply from the FOS. Less than a month after I made a complaint I had the answer - not the one I wanted but the service was quick, professional and the guy was extremely easy to deal with. My complaint was re MBNA. I took out a credit card in 2006 - fell into arrears in 2009 - finally came to an agreement with them in 2010. I maintained the arrangement to pay and then they sold the debt to IDEM in 2012. Due to serious illness, I couldn't keep payments up with IDEM and now pay them 15 per month. Arrears are 9144 on 10310 balance. I wrote to MBNA to tell them I believed that they should have put a default on my file - they said no they didn't have to as our "relationship didn't break down." I disagree but the FOS agree with them. He quotes the ICO guidelines saying the customer relationship is paramount. He said MBNA treated me fairly, agreed on a reduced repayment plan (200 pm ) and therefore no need for default. I explained I believed IDEM cannot put default on the file as they are not an original creditor - is that correct as he was under the impression they could if I broke the terms. My credit file is a mess, it shows more than six months in arrears with AR even though I have kept to the AR I made with them. So can I do anything now? I don't have ten grand. I could increase payments but how long with the AR remain on my file? Also, could I ask them to accept payments of 200 pm now and capitalize the arrears - like a new loan? Do you think I could argue anything with the FOS. Obviously, if I had stopped payment in 2010 instead of trying to do the right thing, the debt would have fallen off my file.
  4. It's been a long time but we finally got an answer on both accounts. The solicitors involved prior to the new management agents made quite a few mistakes, the least of which appears to be what they tried to do to us. All the "debts" they said we owed despite the CCJ being issued and paid, were wiped out. The management agent finally accepted our proof of payment and the copies of all our correspondence. Thank you to all those who helped us to get this issue sorted. It just goes to show that just because you get solicitor letters and court letters, it doesn't mean you actually owe the money.
  5. Thank you so much for replying. I have sent them a letter today asking for a full breakdown of figures. Thankfully I kept a copy of everything issued by the Court previously.
  6. The CCJ was registered on 10 July 2014 and cleared in full shortly thereafter. I have the letter from the court showing a CCJ was entered but it was removed on payment within the 14 days. This is what I don't understand. How can the new solicitors threaten to go to Court on a debt the court has already ruled upon.
  7. Thank you so much SabreSheep - I thought the same but I have little experience in this area. Thanks for responding Mariner 51. I can assure you that I have been completely 100% honest -it would be pointless to ask for help and not give the facts The reason for the increase in figures is, I think, the fact that they would/should have added 2015 management charges to the bill. But they do not appear to have taken into account either 1) the existing legal action having been taken or 2) the payments made. I do not know for sure having had no accounts. Not sure what you mean about "Op has now revealed his subs, unrelated, cash -flow problems" - the management agents were aware of everything as was the Court last time around. I felt it was related as it was the reason we couldnt pay in a lump sum and offered to pay by instalments. We have struggled to keep the apartments rented and pay the mortgages leaving very little "income" from the apartments to pay management charges which increased from 1500 in 2012 (previous management company) to circa £1900 with no accounts or reasons for increase. Finally, I posted on these boards in good faith. Last year was my first time having court papers served- that was a learning curve in itself. I have searched high and low for information on what happens when a new management company and new solicitors issues proceedings for a debt on which a CCJ was registered and paid. I don't know how to upload the documents with the relevant identifiable details blanked out. All I am trying to find out is a) Can you be sued for a debt twice when a CCJ was entered/registered and paid. - I am guessing the answer is no based on previous replies. 2) Do I need a solicitor - I guess the answer is yes as the management company/solicitors seem to be ignoring the rules. I do not have the legal know how to fight this. Google and these board are full of excellent information on how to fight an initial court case. There is little on what happens when someone new tries to bring a case on which the court ruled to court again. Thank you to everyone who responded - I appreciate your time and efforts on my behalf . I will now go about finding a solicitor to fight this for me.
  8. Thanks Citizen B. Thats what I thought although I wasnt sure. A CCJ was issued for apartment 2 so I am guessing that they cannot sue us again for the same debt. But I am not sure what happens to the debt under apartment one given no judgement was made by the court. I contacted the court to tell them about the letter to NRAM and they then replied to say they had closed the case due to lack of contact from the claimants solicitors. So can a new management company (and new solicitors) just start over again?
  9. Thanks Andy, I really wasnt sure which thread to post it in and I need all the help I can get.
  10. Hi everyone, I hope I have the correct forum I need help with a debt relating to management charges on two apartments. On the 24 February 2014 Northampton County Court served us with papers in respect of outstanding service charges. A1111111 name of apartment one in the amount of £3752.01 A2222222 name of apartment two in the amount of £3812.03 We challenged the figures sought by the managing agents and their solicitors, advising the Court that we had never received (and still haven't) statements of accounts. We agreed we owed service charges but believed the figures due were much lower. The County Court appeared to agree with our figures. They made a ruling in the case A22222 relating to apartment two. Judgement was ordered in favour of the claimant in the amount of £1531.27 on the 10 July 2014. We immediately paid that figure and the CCJ was removed from the register. No ruling was ever made in relation to A111111 - apartment one. As with apartment two we strongly disputed the figures claimed by the management agents and their solicitors. The Court ended up closing the file as the solicitors for the claimants apparently didn't respond to their queries. NRAM, our mortgage company, confirmed to us in writing that they had been advised a CCJ was registered against us in respect of apartment 1 in the amount of £1932.54. NRAM confirmed that they paid this figure to the claimants solicitors. We were very upset as the case was not heard never mind a ruling made. We believe the claimants solicitors sent NRAM a copy of the CCJ entered on apartment 222 in order to get the fund for apartment 1. Now a year later, the management agents have again changed at the apartment block. They requested the 2015 management charge but allowed payments by instalment. We paid the first payment on both apartments in January. By return we received a letter from the new management agents stating that as we were in serious arrears on our service charge payments they had instructed solicitors to start court action. They now claim we owe circa £4500 on each apartment. I wrote back to ask how they had commuted their figures. I advised them of the above and included confirmation from the court re the judgement as well as a copy of the letter from NRAM confirming payment. I had a very nice email back to say that they were not aware of the history and would investigate and revert. That was on Feb 9th. We heard nothing since but on Thursday we received a letter from a solicitors firm stating that they had been advised to start legal action to recover the arrears due i.e. circa £4500 per apartment. Following my long post my questions are 1) Can they sue us again over this debt when the court made a ruling and awarded a CCJ? 2) I think I need a solicitor? Does anyone have any idea how much this would cost? I believe in paying my debts and have tried to but the previous management company wouldnt accept instalments, didn't provide any reports or accounts and were extremely difficult to deal with. We asked them to request payment from our mortgage company but they said they couldn't until a judgement was in force. We bought these apartments when we were both working and had good jobs. I had to give up work due to having an autistic child, I left the UK and moved abroad. My husband still lives in the UK, lost his job and has since found another one but on a much reduced salary. We would sell if we could but both apartments are in negative equity. Thank you for your help
  11. Thanks DX but I am not giving up just yet I think Natwest believes that they have something to hide. They were supposed to send me a copy of all correspondence on file which they didnt. I made regular payments on the account - I paid something every month and the arrears were a lot higher previously but I always paid them down. They didnt send me copies of my request to make lower payments for a short time or their response that they would accept £70 per month but the payments werent acceptable. This was at the same time the default was issued. This makes me think they deliberately left out these letters. They cannot find the original application form and they refuse to give me details on my account since it was opened. So I am going to fight the default which I believe was unfair. according to this site Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears. • Accounts should normally be filed as being in default where those payments due have not been received for six months. Neither of the above apply to my account and they had monthly payments every month for over ten years - they were in contact with me on a regular basis so our relationship had not broken down. So I am still fed up with them and am going to fight it - what do I have to lose?
  12. Thanks DX. No the charges weren't the only problem on the account. I forgot about a dd that had been going out of that account for $20 per month so that would be included in the arrears. Between May 08 and the date of default- I was only charged £72. The arrears at the time of the default were £81. So what now? I am totally confused and have been trying to read around the posts on here. Please continue to help me.
  13. Hi guys I got a response to my SAR and now need some more help and advice please. I opened my account in 1997 and all they have sent me are 1) copy statements since August 2005 2) A copy of a log since July 2010 They have also written to me saying that 1) they have supplied copy statements covering up to the last six years or from account opening date. Should any months be missing this may be due to inactivity on the account or we were unable to obtain them from our system. (they only gave me from August 2005) 2) A copy of the manual notes applied to your account (these are only those from July 2010) 3) We were unable to obtain a copy of the original application form 4) Copies of all correspondence we have on file regarding the account - (this was one letter from me to them only back in 2006 when I asked to close the account but I obviously didnt but cannot remember why now) Their letter goes on to say "we have not provided you with copies of the terms of conditions/notice of variations as these fall outside the definition of the data protection act 1988. Similarly section 7 (1) only requires a data controller to providing a copy of the information constituting any personal data, not the actual document on which the personal data is recorded." "you should note that we do not routinely keep copies of all correspondence sent to customers because the majority of our letters are computer generated and this system does not maintain any records other than the type of letter and the date it was sent" "if telephone transcripts are required, please provide the dates you require these. Once received these will be actioned." "The royal bank of scotland group processes your personal data to maintain our relationship and manage the account(s) that you hold. Full details of our processing would have been provided to you in your terms and conditions. Any disclosures of your personal data would only have been made in accordance with the Terms and Conditions agreed. I trust the enclosed it of assistance to you". OK so can anyone tell me where does this leave me? Surely they cannot just get away with this response?
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