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Caren

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About Caren

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  1. Hi. Yes it's the same people! I just think they still want their retribution from before, I'm not even a serial debtor! Just a occasional mishapper, big to Andydd Caren
  2. Thanks Andy I got 30 days from gov website about timeframe to pay an invoice. They asked me via email when I was going to pay I said end of the month. That was accepted by the credit controller! thanks for advice, but that said, most of us don't have funds in our accounts until pay day esp, when they send it mid month so it wasn't intentional. as it's quarterly I never know when I'm going to receive it, they never give a next billing date. thanks for your advice. Ps I think you've been on here for many years haven't you!
  3. Hi, Andy. I was 14 or so days after receipt of the invoice via email. Solicitors letter received on same day, ,Should companies allow 30 days anyway? received invoice for service charge 10th April Paid 26th April solicitors letter received 26th April after paid. I'm told by solicitor I am now going to be issued with another letter and are going to review my lease and write to me according to solicitor dont owe them any past debts No Rights and Obligations thing sent with the invoice which I understand makes it illegal for them to demand the costs. Mentioned it to their solicitor in email. No response back to me.
  4. Hi, Andy. I normally pay via direct debit when I get paid at the end of a month. its quarterly, it's sent via email, so there is evidence of receipt for 10th April, caren
  5. Hi this might sound trite but I have been referred to a solicitor for a demand of my service charge for £171.00. The demand is on a 14 day old invoice send to me for service charges on 10th April, 2019" The freeholders are a big financial property and lettings company and I am a leaseholder of 10 years. I am not behind on any debts. they have demand via a solicitor and added £40.00 charge. For payment I said I would pay at the end of the month. There was no Rights and Obligations sent with it therefore it could not be demanded. The solicitor, said I had to pay and I received her letter after I had paid. to be honest, they have no reason to be chasing me, I have said to the solicitor that she is acting wrongly and this was intimidation and she should Be reported to the law society for acting on this matter in such circumstances. She has responded with that she has requested a copy of my lease and will be writing to me shortly about my obligations under the lease. I havent done anything wrong. I am getting fed up with their bullying, Is there anything I can do i.e. Write to the financial ombudsman about their conduct towards me. It feels unfair that they are allowed to do this and not hale any recourse. thank you for any responses
  6. Hi Andy I recieved the form which had Direction too small claims with directions questions to complete and offer of telephone resolution which I agreed to both as per your advice,
  7. Yeah def feeling victorious about it and with all you guys patience with me I can say THIS FLEECER HAS BEEN NAILED
  8. Hi Andy and Dx The latest on the claim, I just recieved a notice of discontinuance of the claim today. I guess the freeholders backed down, What happens now if they sent that to the court does that mean I can't ask them for any costs for defending because I still want do give something to consumer forum. Is that it with all that stress they put on me, etc.
  9. Hi just read your Story about your daughter. I am a psychiatric nurse and work in an all female ward both staff and patients. Sadly the nature of nursing today is working in defensive practice. I would say that the element of confusion and hallucinations will have a bearing on the allegation made, that is not to say it didn't happen, but sometimes families can be more difficult when they really don't know the truth of a situation and can often allay their own emotions and anxieties on staff including their own guilt for not looking after their loved one properly themselves. Often families can be more challenging and can get in the way of caring creating all sorts of issues that causes a lot of nurses to leave the profession because of their wrongful allegations. Often ive found some of those that do complain are the ones who have complex issues themselves! We are on occasions accused by patients who have hallucinations and delusions, at the easier end of complaints we can be accused by patients of poisoning their food. That doesn't help your daughter though. One thing is that we ensure we record everything, any comments made by the patient throughout the shift, doesn't have to be lengthy sometimes using quoted sentences. This gives a flavour of the mental state of the patient at the time. You daughter should try and write down everything she remembers of that night incl what care she gave, and do this in her recorded notes at the end of each shift to cover herself. Was any body mapping done, did the patient suffer bruises and was any incident report completed, this is normal protocol by the nurse in charge even if it is days after. Obviously it is a serious allegation that should have been acknowledged somewhere at the time. II'm always surprised that nurses who care for people can often have attitudes allaying their own stresses and anxieties on one another, often the weaker member of the caring team, it just adds to the stresses and pressure of the job. Sounds to me that it will probably go away and in the meantime your daughter should be glad she is away from that ward if that is how it is, she should have asked for some supervision to talk to someone openly about the matter, did she not have a supervisor who would be in her corner.
  10. Hi Andy, just recieved the notice of proposed allocation to the small claims track, so I've got to complete Directions Questionaire and file it with the court office. I assume file it means just to return the Questionaire ? Guess they think I have a case, guess what just recieved another service charge in the post with no Summary of Terms attached again! Caren
  11. Andy, your a clever man - your FH landlord should come to you for all his litigation advice! Thanks, I could not have done this without your help.....thank you so much. Ive looked at the defence and I see the line about strike out, well worth trying. The claim is from the freeholder so ive put that point in. After sending the defence, you mention a hearing date. Will there be a hearing or do they just look at the defence and make a decision. I am wondering about the proper form to fill in to list costs. Caren
  12. Hi Andy Checked with the court the cost for a strike out and they said it is 155.00 so it is not worth it. I will put my defence together later today and send it tomorrow. Still got till the 25th November . Just one more point In the last paragraph of the defence do I put a fee of say 50.00 to 100.00 for my own litigatetion, I just want to know before I send it in. I will keep you in the loop as to what happens from there. Again just want to thank you even though it's been like pulling teeth with me! Caren
  13. Looks good Andy What's the gap for on iii ? I understand I all. Is it important to have the paragraph about claiming 'rents' as service charges. The invoices state they are service charges - I guess this is to cover me if they use this clause in the lease. So if I go the demand route would iI choose to counter claim for costs because it states the same point at the end 'The defendant asks to claim for XX for litigate etc, I've got 3 choices Admit, part admit or defend all. Caren
  14. As these are paid now they cant be recovered as rent. If there is also the argument for rent then there is an argument for obstruction. On email 'I asked for the name of the person at the FH who the solicitor's were dealing with. They would not give me a name. In the summary of rights it says something like if I ask for the name of any/all the persons from the company i should be given their Director/Secretary. If I strike out their claim, surely they cant hit me for costs because there is no legitimate claim, then only my costs could be pursued from them. Hopefully we can proceed now with the strike out defense. Caren
  15. Hi Andy, Sorry, again night shifts for a couple of days! Hence late reply....but not forgetting this matter. ..just awake unable to get my sleep pattern back to days. Here's my stance at this point. Considering these people have tried to intimidate me (letter 29th Oct giving me till 6th of Nov to pay up, then letter on 3rd Nov, intending to strike out my defense if I defend them) Im inclined to hit back hard, but 10% concerned they will say 'as I paid the money and interest, I'm accepting I owed them the money' I paid £173.00 which I read on the claim form without realizing it incl. interest. Im thinking this was a bluff tho - this is the only point I am concerned about - I could kick myself for paying up when I got their money claim, panicked. Just re-read your point: You may have paid the amount now but FTT/LVT rules says that payment is not an admission where is this point just for reference! .. you imply the court will likely find it in my favour. How does it play out on the Summary Judgement/strike out route....? 90% interested in going this route even with potential/riskier option to end up paying their legal costs? They couldn't hit back with anything? so if nothing was actually due this makes their claim invalid so I will go for it being struck out, how do I do this and add costs. I like the challenge ! Im going to Defend, I would appreciate your typing up a copy. I havent had chance to review your one above. Once again thanks Andy, your a star. Caren
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