Hi all, I need some help. The defendant has been issued with a £100 'Parking Charge' by Parking Eye. The alleged offence occurred during the day time on a weekend, and was apparently brought to the attention of the plaintiff by ANPR cameras recording time-stamped photos with entry+exit times of the vehicle registered to the defendant. The plaintiff claims that the defendant spent just over 30 minutes in total at the car park. Answers to the FAQ thread are as follows: 1 Date of the infringement: Late January 2019. 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 5 days after the date of the alleged infringement 3 Date received 11 days after the date of the alleged infringement. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] YES. 5 Is there any photographic evidence of the event? YES, see above. 6 Have you appealed? {y/n?] post up your appeal] Defendant has not entered any correspondence with plaintiff or any 3rd party appeals company. Have you had a response? [Y/N?] post it up n/a 7 Who is the parking company? ParkingEye Limited 8. Where exactly [carpark name and town] Town Quay 2, Southampton For either option, does it say which appeals body they operate under. Letter mentions POPLA Many thanks for taking the time to read... My query is - should defendant appeal via POPLA, or contest the charge with ParkingEye? Some guidance would be greatly appreciated, based on the answer to above as well as potential defense points to the claim, I can write a draft letter for the defendant and post up here for critique before issuing.

Hi all I have a question regarding parking so this may not be the correct sub forum, please feel free to re-locate... In short we have lived on an unadopted road for years now renting a property so there are no parking restrictions such as permits or yellow lines. As all others have lived in the same road also for a number of years there is an informal understanding with regards to parking and most including us use traffic cones outside our houses to secure our spots and respect each other’s spaces until recently where we are experiencing persons not living in the street moving the cones to park so to avoid buying permits for the roads they actually live in. Now I understand there is no right in law to park outside your home however have been looking into fitting collapsible bollards and as expected the council raised no objection when I contacted them as the road is not maintained by them and referred my enquiry to the Highways Agency who also advised they were not interested. So thought great can do this without a fuss until I started to wonder regarding personal liability if for example someone tripped / fell over them and thought I’d get some advice from the knowledgeable persons on here of whether this would be a concern and if so can it be mitigated for example reflective ones, security light for night time as there is no street lighting etc. Any thoughts about this would be greatly appreciated Kjun

or do as andy says query the alleged balnce

getting a third party to do the work is legal as long as the head lease says it is OK. What would be worrying is if the second cmpany has any relationship to the supposed proper management co such as the same directors or getting paid for consultancy rather than actually doing the work. Taking a large co as an example. Kier or Interserve have many sub companies that do all sorts of stuff on behalf of the main co that are primarily a building co and Food delivery respectively. You need to look at your lease very carefully anad ask for sets of accounts an query everything that isnt obviously for actual work done. So if co B appoint a byuilding co to do some work are they charging a fee for professional services? If so then that should be challengeda nd you as a group either seek to ahve the management co removed as they arent up to the job or you shallenge the money spent on their fees as unauthoried ependiture dependingon what the leases say.

Hi Looking for some advice I have been paying Stepchange for over a year now. Various Credit Card + overdraft debts totalling just over £30k. I will be hopefully in a position to clear them next year if I can get F&F acceptance at around 35%. Should I also be seeking to obtain CCA's to see if the debts are enforceable and also look at unfair charges etc on the overdraft (Santander) Also possible unfair charges on original account when it was A&L The more I can reduce it down before I make any settlement offer the better really thanks

Hi all. I sent Intrum a CCA on 12/03 by royal mail signed for. Had a letter from Intrum today, dated 14/03. It says. We are aware that you have raised a dispute/query on the above account. What happens next We will contact the original creditor in order to request any information they hold relating to a dispute in relation to this account. It may take several weeks for them to gather this information. We will suspend collections activity on this account whilst we endeavor to obtain these documents. What you can do Please send us any information you have in relation to your dispute/query; this can include; Details of what the dispute relates to Copies of any letters from the original creditor relating to your dispute Copies of any letters to the original creditor. The letter gives the date they purchased the account from tesco as january this year. I am still paying tesco £1 a month, and the CCA was the 1st contact i have made with Intrum. Can i safely now cancel the £1 a month payment to tesco, as Intrum are the new owners (according to them). I have recieved no correspondence from tesco. If they do not comply with the CCA in the statutory time period, as looks very possible, what is my next move ?. Thanks

Just quick one guys and thanks for any advice, in advance, for a first time poster. I had a financially stupid yet vulnerable situation back in 2013+ and so used various Payday companies to help me out. It was a spiral which I have eventually dug myself out of and I am now a homeowner who is almost debt free Late last year I applied to "Fast Track Reclaim" who could (by their advertisement) chase up any mis-sold payday loans and if successful win some money back. It seems to have marginally paid off as they have offered me £219 return minus £77 fees - this is from 4 specific loans added up from 2013 - 2014. (Not bad from expecting nothing) However, they go on to say they have another 14 loans they couldn't determine due to not enough information. Now my query is this: In the reporting letter from "themoneyshop.co.uk" (addressed to FastTrackReclaim and delivered to me along with offer) they say that if they are provided with my bank statements from May, August & November 2013 - they would continue to review the 14 previously addressed loans and they then leave an email address and they're offer of £219 for the 4. I can provide bank statements riddled with wongas/payday express.gambling from the requested months) Where do I stand with this? Can I take things into my own hands? I haven't accepted any offer, have only read they're latest letter. I am not out to take money away from FastTrackReclaim as they have clearly been successful in winning me back something at least but can i continue in pursuing mis-sold payday loans with this company myself regarding the 14 other loans? If I haven't made sense here it's because I'm typing really fast and quietly because 3 little ones in bed! I can provide pics of letters etc if it will help. They want acceptance of offer back within 7 days! Thanks for any advice - i will get back to you! Cheers

So far as I am aware, PIP is always paid every 4 weeks and I've never before heard of anyone being paid monthly. For example, I am always paid every 4th Thursday, so is your wife being paid on, for example, the first of every month rather than on a specific day? If your wife is only being paid monthly then she or you need to contact DWP to query it.

Hi there, Is there anyone out there who can help me? We have a former GMAC mortgage that went over to mortgage Express. We were keeping up with the mortgage until I finally succumbed to my illness and disability. We are currently five months in arrears which works out to be £4250. I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage. We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago. I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed. All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years. I will be able to work part time and an employer is willing to let me do this fitting around all my issues. My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital. overall a loss of income. We have managed to stabilise our position, but need to sort out the mortgage arrears. We were in arrears a few years ago with MX and it was hell. Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc. we changed our phone number, managed to pay off the debt and were debt free for three years. How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action? We had a knock at the door which was out of the blue. It was an advisor and valuer from them. We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us. Despite our telling him to go away, he came back four times, each time was when our neighbours were coming home from work. He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears. our neighbours know our business. Can someone point me towards a letter template our help me out with one to send them as soon as possible? I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession. I know the court might end up giving possession and then stay it, but it is a worry I could do without. I get full DLA, I am as previously stated in a wheelchair. I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital. Please help.

You haven't got a dispute or a query...you have made a legal request using section 78 pursuant to the CCA1974 .....if they cant comply within 12+2 days they are in default and unable to do anything with the debt legally.... forget them.

This may answer your query - http://www.legislation.gov.uk/uksi/2013/1894/regulation/20/made

Had interview with compliance officer re PC have to provide copies my wife business accounts for last 4 years - no problem sending HMRC accounts photocopies. No profit made. No savings but we took out a lifetime mortgage on house and draw down to clear debts ( Credit Card 11K) Would they regard this as income? does that leave me liable to interview under caution + having to pay back? How far can they go back? and can I stop having PC as I am ill and can't take stress? HELP! Thank you

Yes And I did a quick check of on-line previous bills. Consumption has gone up a bit - which I will query as I have had faulty meters before. But usage doesn't equate to this bill or their new requested monthly amount.

Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012. On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information Specifically I wrote: I need a copy of (1) the Default Notice, (2) the Notice of Assignment, (3) a complete set of statements detailing exactly how the debt has accrued detailing: (a) All Transactions, (b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor, © Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement. The PRA group letter on the 12th said, that in response to my query (PAP form) please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them. Today I received the county court claim form. I don't know what to do now? Please advise. Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.

Hi all, another query regarding my move from our current rented property. I have just had confirmation from the lettings agency that they can meet us at the property on XYZ to hand over key as they are performing the checkout on that day. They have stated that neither landlord or tenant are permitted to be present during the checkout process - Is that normal? I was under the impression that we should be present so that we can sign to say we're happy with the report? If we're not present how can we sign to say that we are in agreement with the information that is being prsented to our landlord? Or have I misunderstood something?

Moderator - Please help, we're desperate. We have Possession case date for a week's time. Seems not entitled to Legal Aid & no money to pay solicitor. Working on getting someone from shelter or elsewhere to help / speak for us. I'd like to clarify some points, as I've tried to read up on the laws but so much has changed I've information overload. Clmt has, over the last few years: repeatedly denied receipt of &/or not answered letters, &/or nor provided clarifications requested, not provided details relating to DWP mortgage support pymts - when received / what period meant to cover / how applied to our account / whether specifically they have applied interest against those DWP payments for being "late" (DWP generally pay lender fortnightly not calendar monthly) - apparently lenders Not supposed to disadvantage people in that i.e as a result of lender using that scheme; autumn 2017 they wrote to say the extended (post-May 2017) agreement had lapsed when it hadn't (twice did this), causing extra unnecessary stress to both of us despite knowing we were both ill with longterm depression & anxiety problems - recklessly exaserbating our health problems - directly adversly affecting our ability to deal with the situation and to get the house on the market (intended for spring 2018); horrendous phone call with person who didn't know what she was talking about, thereafter dealt only in writing with them; misleading info etc etc. Submitted Subject Access Request under DPA 2018 & GDPR as they were still with-holding information - they are are now in breach of that. When mortgage taken out in June 1992 for £58,500, the firm was a Building Society but since then became part of Co-op Bank August 2009. Am I right to rely upon MCOB - as it's a mortgage, or BCOB as Co-op is a bank, or whether I should concentrate on CCA 1974. Most of that mortgage was Interest Only, with smaller a/m covered with endowment (later cashed in). Refused our requests for payment holiday / capitalisation of arrears. From June 2006 we had to claim DWP support for mortgage interest which DWP paid direct to the lender. I've tried to list every point that may be relevant, and I believe I've read things correctly in that: At June 1992 Britannia was a mutual Building Society & so not authorised or regulated by FSA/FCA. It seems Britannia BS was Regulated but by Prudential (PRA). So whatever laws in relation to financial business pre-FSMA applied. The mortgage (First Charge) was Unregulated - no reference to CCA on the mortgage paperwork. The mortgage term was due to end 17 May 2017, but until recently there were "unofficial" extensions - according to them & quoted in their letters, but not considered so by me & quoted in a letter from me. FCA website says, Britannia BS listed as Authorised & and Regulated by FCA from 1 Dec 2001 to 4 Aug 2009. It also states that prior to that, they "were regulated by PRA/FSA". From Aug 2009 "Britannia" comes under Co-op Bank as a trading name. Co-op Bank showing as auth & regl by FCA. (plus one of Britannia letters or leaflets from about 2012, quotes that they subscribe to Lending Code & FOS & licenced by Offc of Fair Trading). FSMA 2000 - which order?- referred to Regulated Mortgage Contracts (so FSMA 2000); Regulated Mortgage Agreements (so CCA 1974, part 9?); and Mortgages not subject to statutory regulation (so Access to Justice AJA court powers in AJA 1970 S36); FSMA 2000 - which order? -on regulatory treatment of First charge mortgages entered into prior to 31 Oct 2004 and Regulated under CCA 1974 & CONC. References to "Legacy Mortgages" but Regulated ones only? Also FSMA 2000 - which order? - that mortgages entered into prior to Oct 2004 to be Regulated under CCA/CONC provided the a/m did not exceed the financial threshold in place at the time the mortgage was taken out - which ours would have done. So mortgage still treated as Unregulated? But later changed - which order? - to remove the restriction about the financial threshold. As, at the time taken out, the mortgage was from lender to individual + money given to be paid back (credit) + was for our dwelling, that brings our mortgage into scope as a Regulated Mort Cont (from its start). Then from 1 April 2014 powers under CCA 1974 Part 9 (incl Time Orders . & open up the credit agreement) applied to Regulated Mortgage Contracts, Financial Services Act with new rules on Mortgages taking effect from April 2014. So that would make ours Regulated & subject to CCA 1974 Pt 9 & CONC. Then from 21 March 2016 ref unregulated Pre-Oct 2004 mortgages becoming Regulated - scope changed to cover any mortgage regardless of when made, but only comes into affect when affected loans become regulated mortgage contracts on 17 March 2017 - unless the firm in question takes steps to apply the relevant rules before that date. References to case of Barnes vs , that discretion under CCA S136 in order to mitigate the impact of interest charged on the unpaid installments under the mortgage, to reduce the monthly rate of interest by almost half during the suspension - for "short term difficulties". Read somewhere that period could mean up to 5 years? If mortgage was not, but is now to be considered as a Regulated Credit Agreement, can the test for Unfair Relationships 2006 be used? and retrospectively to the start of the mortgage - & therefore be able to claim back all payments we made?. Thinking about Disability Discrimination Act - both long term ill, affecting normal day-to-day activities. Also about individual's Rights of Action when breach of a Conc or BCOB rule when treated unfairly - FSMA 2000 ref 138D of act. Hells bells, I know it's down to the wire if not too late unless we can ask for more time, or query something on their POC / asking for more info. Thank you for any clarification you can offer. Twitter - Why you should open a Twitter account background is

Hi Everyone, Happy New Year to all I know this is probably a really stupid question so please don't shout at me (I'm not well at the moment) ... I am wanting to get my PPI reclaims underway and I wondered if making a claim would resurrect any old debts? If that even makes sense? Is it better to do myself or through the "Resolver" reclaiming tool from the Money Saving Expert website - it's free but there's no mention of doing as SAR? Thanks in advance

Agents terms of business as published on their website TERMS OF BUSINESS LETTING & MANAGEMENT SERVICESINTRODUCTIONThank you for considering * Estate Agents (the trading name of * Ltd) as the Letting Agent for your property. As experienced letting agents, we understand the importance to Landlords of not only securing an initial tenant for your property but also maintaining contact with the tenant with a view to securing renewal of the tenancy where required, thereby reducing the risk of rent voids. These terms and conditions set out the services available from us as Letting Agents. They also detail your obligations as a landlord. Should you instruct us to act on our behalf, these terms and conditions shall constitute the contract between us and they shall be applicable to the exclusions of all others.N.B Our core services to you are detailed below. The charges we make for these core services are detailed in clause 4. Your attention is specifically drawn to these clauses.* SERVICESWe offer three levels of service to LandlordsTenant Introduction and Renewal ServiceMarketing your property, at an agreed figure, to prospective tenants, including advertising (if appropriate) and putting up a “To Let” board.Negotiating price and terms and conditions with prospective tenants.Taking necessary references.Drawing up the Tenancy Agreement and obtaining signatures, plus supplying Tenants with a current Landlords Gas Safety Certificate as supplied by the Landlord (see notes on Safety Requirements)Collecting the first month’s rent and providing advice to you in relation to the Tenancy Deposit Scheme (see clause 5 below) Taking gas and electricity meter readings if possible and if requested.Liaising with you and the Tenant prior to the expiry of the term of any tenancy to establish whether renewal of the tenancy is required, assisting in the negotiation of the terms of any new tenancy and preparing all necessary paperwork relating to renewal.N.B If the property to be let is vacant for all or part of the time, we will require a set of keys in order to accompany prospective tenants on viewings. These keys are stored securely.In addition to all the services listed above, we offer the following:Full Property Management ServicePayment of overheads. As instructed by you we will pay any overheads associated with the property out of the rental income when it is received. We rely upon the landlord to instruct the relevant companies to forward accounts to us for payment. We will endeavour to query any obvious discrepancies although all payments are made by us without liability for errors by the creditors concerned. We regret we are unable to make mortgage payments on behalf of landlords.Repairs and replacements. We will deal with the day to day maintenance, repairs, servicing and replacements (if necessary) up to a maximum of £150 per single item without consulting landlords. By signing these terms and conditions, you authorise * Estate Agents to instruct the carrying out of such works without further reference to you. In case of emergency, to protect our client’s best interests, this sum can be exceeded at our discretion. Estimates will be submitted to Landlords wherever possible.Quarterly inspections and notified defects. During the Tenancy we will investigate defects brought to our attention by the Tenant(s). More regular inspection of properties can be provided by agreement at a charge of £100 plus VAT per inspection. It must be understood however, that these inspections can only provide a superficial examination and are not a structural survey. We cannot accept responsibility for hidden or latent defects.N.B.1 Management funding – We cannot be held responsible for meeting any management costs on your behalf unless we are possession of sufficient funds net of our fees. We are also unable to instruct any maintenance or emergency works unless we have monies on account. Management does not include the supervision of property whilst it is not let unless funds are made available to discharge all outgoings and fees.N.B.2 Forwarding Post. We are able to forward to a UK address any post which reaches our offices. The cost of the postage to forward your mail will be deducted from your monthly rent. We strongly recommend however, that Landlords arrange to have post forwarded by the Post Office as the cost is minimal and tenants cannot be relied upon to redirect post.Rent Collection ServiceIncludes all services listed under clause 2(a) and in addition includes the following:Collection of rent from the tenant and arrange for the rent, less our fee calculated at 3% (subject to a minimum of £25) per month + VAT of the rent received, to be paid into an account nominated by you. LANDLORDS OBLIGATIONS We agree to market and let your property on the basis that you are responsible for making the following arrangements: Insurance You must ensure that adequate building and contents insurances are in place and that the policy covers furnished lettings – many household policies do not. Mortgages If your property is subject to a mortgage, it is usually a condition of the mortgage that permission is obtained from the mortgagee to let or sub-let the property. It is your responsibility to ensure that the relevant permission is obtained. Your mortgage company may charge a small administration fee, and may want to see the proposed Tenancy Agreement before giving permission. Sub-Letting If your ownership of the property is Leasehold it is important for you to satisfy yourself that: The intended furnished letting expires before your Lease terminates. The sub-letting is permitted under the terms of your lease and that you have obtained any consent required by your landlord/freeholder. We suggest that you supply us with a copy of your lease, as the proposed tenant is legally entitled to inspect it. Service and utility companies (gas, electricity, and water) * will on your behalf inform utility companies. If a tenant brings a television onto the property they will be responsible for the purchasing of a television license. However should a Landlord leave a television as part of the contents (listed or otherwise) the responsibility for the purchasing of the license will then revert to the Landlord. Council tax. You must inform the relevant Local Authority if you change address, however * are prepared to do so on your behalf if requested. You are responsible for council tax during any time the property remains unoccupied. It should be noted that the Landlord/owner also remains legally liable to pay the Council Tax on a property that is not the sole or main residence. Property Condition You are responsible for maintain the condition of the property (excluding damage by tenants) throughout the Tenancy. Thorough inspections of the roof, plumbing and wiring etc, are recommended. All appliances, including central heating, require checking and servicing. Details of maintenance contracts, certificates of guarantee and instruction manuals should be made available to the tenants and ourselves. The property should be in good decorative order inside and out. Gardens should be tidy and well cared for and adequate tools should be provided for their maintenance. Safety Requirements There are three safety checks which should be carried out prior to Tenant(s) moving into a property, namely Gas, Electricity and Fire/Furnishings safety. A “Landlord’s Gas Safety Record” is required by law to be given to the tenant at the commencement of their tenancy and a further test must be carried out each year upon expiry and given to the Tenant. Landlords also have a legal “duty of care” to ensure that all electrical wiring, fittings and appliances are safe to use, and that all soft furnishings comply with the legal safety requirements (please ask us for details). We therefore recommend that all three safety checks be carried out. * can arrange these initial checks for you on the basis that you will pay all the contractors costs. The Gas Safety (Installation and Use) Regulations 1994 (as amended) All gas equipment, pipework and appliances must accord with these Regulations including annual inspection by a Gas Safe registered installer and records maintained of work undertaken. A safety inspection must be completed satisfactorily prior to any letting and a Report provided to the Tenant and/or displayed at the Property. You warrant to * that, the Gas Safety (Installation and Use) Regulations 1994 as amended by the Gas Safety (Installation and Use) (Amendment) Regulations 1996 and (Amendment) (no.2) Regulations 1996, have and will continue to be fully complied with by you, as the Landlord. Please note, failure to comply with these Regulations is a criminal offense. The Electrical Equipment (Safety) Regulations 1994 These regulations apply to the electrical supply along with new and second-hand equipment including mobile and fixed appliances e.g. kettles, irons, vacuum cleaners, cookers, etc and require that the property and electrical contents are in safe working order. You must arrange for such checks to be carried out in accordance with the Regulations. The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended) You, as the Landlord, warrant to * that all furniture and furnishings in the property to be let and included in the letting (whether originally provided or added during the Tenancy) fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including in particular the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989 and 1993. Please note, failure to comply with these Regulations is a criminal offense. Portable Appliance Testing (P.A.T.) Currently there is no legal obligation for rented properties to have to undergo Portable Appliance Testing (P.A.T.) inspections on electrical appliances unless the property is an HMO (House in Multiple Occupation). However we would recommend, as good practice, that landlords consider having one completed and upon request * will arrange a P.A.T. inspection to be carried out by a qualified electrician at your rented property for the cost of £100 + VAT. Inventories We strongly recommend that landlords appoint professional inventory clerks to prepare full inventories on the condition of every item, fixture, fitting, wall, floor, ceiling, garden and balcony. An inventory should be prepared immediately prior to the commencement of a Tenancy and immediately upon its expiry. OUR CHARGES The Estate Agents Act 1979 Under this act we are unable to complete a tenancy agreement on your behalf unless we have proof that you have been notified of our fees. Details of our fees are set out below. By signing our terms and conditions you hereby confirm your knowledge and acceptance of our fees. Please note that we are unable to market a property without proof of the owners identity and evidence of their main residence. Once we have found a tenant acceptable to you or accepted by us on your behalf commission fees are charged and due as follows: Tenant Introduction & Renewal Service 50% of the total rent + VAT reserved under the terms of the tenancy agreement payable on commencement, with a minimum fee of £250 +VAT. The fee is payable in full upon receipt of a signed tenancy agreement sent by us from the Tenant. In the event that a new tenancy is entered into with the same tenant upon expiry of the initial term and administration fee of £50 + VAT is charged. Full Management Service In addition to the commission chargeable for the Tenant introduction and renewal service detailed above a minimum monthly fee of £60 + VAT, plus the charges listed in the above. Guaranteed Rent Collection Service Collection of rent from the Tenant and arrange for the rent, less our fees calculated at 3% (subject to a minimum of £25) per month + VAT to be paid into an account nominated by you. Should you sell the property to a tenant introduced to you by us or to any third party directly or indirectly associated with such tenant during or at any time in the period of 12 months after the tenant ceases to occupy the property, we shall be entitled to a commission of 1% of total sale price, payable on completion. Unless otherwise agreed by us in writing, where possible, commission payments will be deducted from rent payments received by us from the Tenant(s). If for any reason additional services are required of us, such as attendance to your solicitor’s office, appearances before a rent assessment committee, court or tribunal, or involvement in any matters of litigation, a separate fee will be chargeable to you. All our fees and commission are subject to VAT at the rate prevailing at the time. GENERAL INFORMATION LEGAL/TAX ADVICE – It must be stressed that this booklet is intended as a brief guide only. * cannot be held liable for any legal inaccuracies or omissions contained herein. We advise our clients to take appropriate professional advice. INTRUCTIONS TO SOLICITORS – You, as the Landlord, will be informed of any arrears or breaches of the Tenancy brought to our attention. However, if legal action is required, you will be responsible for instructing your own Solicitor and for all fees involved. LANDLORDS RESPONSIBILITIES – The rental quoted to prospective tenants is inclusive of all outgoings for which landlords are legally responsible. This includes the payment of ground rent, service charge/maintenance costs, buildings insurance, mortgage repayments etc. The landlord is responsible for informing the relevant authorities of any change of tenancy (e.g. Water Rates and Council Tax). DATA PROTECTION – All information held on file will be held in line with the Data Protection Act 1998. However you hereby authorise us to provide your contact details to the Tenant/occupants of the property and to any utilities companies where appropriate. Please note that this will include all telephone numbers including mobiles unless otherwise instructed in writing by the Landlord. HOUSES IN MULTIPLE OCCUPATION – We are unable to apply for licenses for an HMO for Landlords and strongly recommend that if your property meets the criteria of being an HMO you ensure you have complied with the new legal requirements as the penalties are severe. In brief as a guide your house may be a licensable HMO if you have five or more person residing in the property, which consists of two or more families, and the house is three or more storeys (including habitable basements). If you are in any doubt as to whether your property is an HMO further information is available on the communities and government website Please note, criteria for HMO’s may vary between local authorities. It is your responsibility to ensure compliance with the relevant legislation. CHANGES IN TERMS – We reserve the right to change the terms and fees quoted in this agreement upon giving one month’s notice in writing. POSSESSION – Section 21 of the Housing Act 1988 provides Landlords with rights of repossession at the expiration of an assured shorthold tenancy provided the Landlord has given the Tenant at least two months’ notice stating that repossession is required. Similarly two months’ notice is required to gain possession of Ground 1 Assured Tenancies and Statutory Periodic Tenancies. It is therefore Imperative that a Landlord intending to repossess their property at the expiration of a tenancy gives appropriate notice in the prescribed form in writing prior to the expiration of the tenancy. REFERENCES – Unless specifically instructed otherwise (and agreed by us in writing) all references for tenants will be obtained from a specialist referencing company. We cannot be held liable for information obtained from any referencing agency. We cannot guarantee the accuracy of any reference, nor can we accept any responsibility resulting from the non-disclosure or inaccuracy of facts from the reference provider. Not with standing the obtaining of references, the final decision as to whether the tenant is suitable is yours. You may require the provision of a guarantee in addition or in substitution to satisfactory references being provided. This is, however, a matter for you to arrange should you so require. Copies of all references are available to Landlords upon request. RENT COLLECTION AND REMITTANCE – Rental payments will be paid can be paid up to a maximum of 3 working days. We aim to reduce this period to a minimum wherever possible. TAXES ACT 1988 AND TAXATION OF INCOME FROM LAND (NON RESIDENTS) REGULATIONS 1995 You, as the Landlord, are responsible for notifying HM Revenue and Customs of the tenancy. Where the Landlord of a property resides abroad, HMRC will hold us, as your Agents, responsible for the payment of any tax liability which arises on rents collected by us on your behalf, unless as Exemption Certificate is provided by HMRC pursuant to the Finance Act 1995. * can supply you with any Exemption Certificate application form (currently NRL1) for you to complete and send to HMRC. However, the Certificate can take up to two months to be issued. Accordingly, if you, as the Landlord, are resident abroad it will be necessary for us to deduct monies at the appropriate rate and hold such an amount so deducted to your credit until either an Exemption Certificate has been received or until these monies are forwarded to HMRC which we are now obliged to do on an annual basis. Similarly, if at the present you live within the UK but subsequently move abroad, it will be necessary for us to commence this deduction from the time you leave this country. The monies deducted will be placed in a current account and will not earn interest on your behalf. The eventual liability for tax may be less than the amount forwarded to HMRC. In this event you must liaise with HMRC directly and * will not be liable for any refunds. You must let us know as soon as possible who will be dealing with your tax affairs in this country. Should you at present reside within the UK but subsequently move abroad, please let us know the name of your Accountants or Tax Advisers at that time. RENT ASSESSMENT – Under certain circumstances tenants may apply to the Rent Assessment Committee to have their rent assessed. The Committee may determine a rent higher or lower than the agreed amount. * are unable to accept responsibility for any claim arising out of such an assessment, which becomes the maximum rent recoverable for the term of the tenancy. COURTS AND TRIBUNALS – Applications for fair rent of appearance before the Rent Officer, Rent Assessment Committee or any other court or tribunal will be by special arrangement only and will form the subject of an additional charge of £60 plus VAT, per hour. WAITING AT PROPERTIES – In the event that you instruct a contractor to attend the property who is unable to collect keys from * or give a specific date and time of call, we will charge waiting time at the property of £60 plus VAT, per hour. LANDLORD AND TENANT ACT 1987 – We are obliged to include your name and address on all rent demands to tenants. If you address is outside England and Wales, then must provide the Tenant with an address within England and Wales to which notices (including notices in proceedings), may be served to you. Unless otherwise instructed, if your address is outside England and Wales, we will use the address of * for this purpose during such period as we manage the Property. Although we will use our best endeavours to forward any notices to you promptly. * cannot accept liability for any loss or damage incurred either directly or indirectly from our actions in this respect. TENANCY DEPOSITS The Tenancy Deposit Scheme (TDS), commenced on 6th April 2007 under the Housing Act 2004. The Act requires anyone – Landlord or Agent – who accepts a deposit for an Assured Shorthold Tenancy, to belong to a designated scheme to protect the deposit. Under the Scheme, disputes arising regarding the allocation of the deposit at the end of the tenancy will be handled by a process known as Alternative Dispute Resolution, or by the Courts if the parties so prefer. Existing tenancies (before 6th April 2007) will not be affected, nor will periodic tenancies which continue after that date. However, a tenancy commenced before, but renewed after, the 6th April 2007 is required to be included in the Tenancy Deposit Scheme. * are able to assist with the securing of the tenants deposit in either of the following schemes or you, the Landlord, can choose to secure the deposit yourself. Insurance-based Scheme (TDS – Tenants Deposit Scheme – tds.gb.com) You, as Landlord, are allowed to hold the deposit but you must pay a fee. The scheme administrators take out insurance so that the deposit can be refunded to your Tenant if you do not repay him the deposit. * operate the Tenancy Deposit Solutions Limited Scheme. This scheme is owned jointly by the National Landlords’ Association and Hamilton Fraser Insurance, and is aimed mainly at Landlords. For more information please visit: . We will organise the payment of your tenant’s deposit under this scheme. The Custodial Scheme (DPS – The Deposit Protection Service) Presently, there is only one custodial scheme, which is run by The Deposit Protection Service Ltd. You, as Landlord, pay the deposit money to the scheme administrators, who then pay it to you or return it to the Tenant, as appropriate, at the end of the Tenancy. For more information please visit: DAMAGE DEPOSITS – These will normally be equivalent to a minimum of one month’s rent. Where we are managing a property, we will, subject to managing from the commencement of a tenancy, give our professional advice on any proposed deductions from the deposit in line with the Tenancy Agreement and Inventory “check out report”, to the best of our ability. Should these suggestions not be acceptable to either the Tenant and the Landlord, the deposit will be arbitrated in line with the TDS. Please note we will endeavour to be accurate with assessing costs but cannot be held responsible for incorrectly pricing damages or losses (especially personal artefacts, unusual items or antique pieces), as we are not specialists in this field. Once agreement has been reached on any deductions or replacements or compensation, the damage deposit will be dispersed accordingly. Energy Performance Certificates (EPC’s) From 1st October 2008, landlords in England and Wales will be required by law to provide their new tenants with an Energy Performance Certificate (EPC). The landlord is responsible for ensuring a valid certificate is made available, even if a letting agent is managing their property. Once the certificate has been issued it is valid for 10 years, subject to any further legislation being introduced. Please note there will be a charge of £50 + VAT. Assignment We may, at any time assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any obligations or any benefits arising under or out of this agreement. We may sub-contract or delegate in any manner, any or all of our obligations under this agreement to any third party agent. The Consumer Contract Regulations 2013 and cancellation of this agreement This clause only applies if you are acting for a purpose outside your business and the agreement between us is a distance or off-premises contract as defined in the Consumer Contracts (Information, Cancellation and Additional charges) Regulations 2013. The definitions of distance and off premises contracts found in those Regulations shall apply to these terms and conditions. Broadly, a distance contract is a contract between the trader and a consumer which is made through an organised distance sales scheme (such as telesales or internet sales). An off-premised contract is broadly a contract entered into in a place which is not the business premises of the trader. For full definitions, please check the Regulations. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the date on which the contract is entered into. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). Please note our contact details above. You may use the attached cancellation form but is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication of cancellation before the cancellation period has expired. If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement. After expiry of the cancellation period you may cancel this agreement at any time by providing us with a least 30 calendar days’ notice in writing. We may cancel this agreement at any time by providing you with at least 30 calendar days’ notice in writing. We may cancel the contract for Services at any time with immediate effect by giving you written notice if you do not pay our charges in accordance with these terms or you materially breach any of these terms and do not remedy the situation within the 14 days of us requesting you to in writing. CONFIRMATION OF ACCEPTANCE I/we expressly request * to commence performance of the services as soon as reasonably practicable. I/we acknowledge that if * marketing services are completed within the cancellation period as described I/we will lose the right to cancel described. In order for the right to cancel to be lost in this way, it is not necessary for any prospective tenant for the property to have been introduced. All that is required is for * to have fully performed its marketing services. I/we also consent to receiving the information included in these terms and conditions any other pre-contract documentation by post, fax or email. I/we hereby confirm that I/we have read and understood the Terms of Business of *. In particular, I have read and understand the extent and nature of the core service is to be provided to me and agree and accept the charges to be made for those services as detailed. I/we hereby certify that I/we own the property known as: Property address:………………………………………………………………………………………………………. I/we require the following services (please tick as appropriate) and authorise * to let the property at the address state above, on the above mentioned terms. Tenant Introduction Service Full Management Service Guaranteed Rent Collection I/we confirm that for Tax purposes I/we will be: (please initial as appropriate) Resident in the UK Non Resident in the UK Securing of Damage Deposit (please tick if appropriate) I/we will secure the tenants damage deposit and require the deposit paid to me/us Name(s) of all owners(1)(2) Signature (1) Date Signature (2) Date: Correspondence Address: Bank Details : Acc. Name Bank Name: Acc. No Sort Code: Model Cancellation Form To * I/we…………………………………………………………………….. hereby give notice that I/we cancel my/our contract for the supply of property marketing services, dated Name: Address: Signature: Date:

I've read through all the threads here, and this seems like the best course of action - to write a letter to CRS (who have now taken over from Harlands with harassing my daughter). It's a similar situation to many on the forum - except she was 17 when she signed up, and there was no "adult" involved in either signing up or payments. We have emailed the gym once saying this (on receipt of the first Harlands email): Dear Sir/Madam I am contacting you after taking advice from your staff onthe phone. I have had a contract with you since 2/9/17, which wassigned when I was 17. I handed in a letter on about 12/7/18 sayingI wished to cancel my membership as soon as my year was up, on 2/9/18. Ihave now cancelled my direct debit, and received a slightly threatening letterfrom Harlands Group, asking me to reinstate my DD or pay an admin fee. I have tried to ring Harlands, and have evidence of being onhold for over 30 minutes. I have tried to use Harlands' online system, but thisdoesn't accept the reference number given by them (again, I have evidence). I would be grateful if you could provide some clarity onthis situation, as I have taken legal advice, and would like this mattersettled quickly, and to not receive any further harrassing emails fromHarlands. I wish to cancel my contract as of 2/9/18, as stated in myprevious letter, and would like you to action my cancellation as soon aspossible. As stated in my previous letter, please let me know if thereanything else I need to do. Regards I think it's time for a letter to go to them, so I wonder if someone would give me their thoughts on the text below? I'm a bit doubtful about the dates - it could be that daughter was a bit keen to cancel the DD, and that it hit before the notice period was up, hence the offer of £9.99. She will send this by regular post. She is very worried, but has been ignoring their emails/texts. Thanks in advance for any comments. Your reference: xxxxx WITHOUT PREJUDICE I have received an email letter from CRS on 14/12/18. It once again makes unlawful threats and harassing comments. My Xercise4Less membership was cancelled, in writing, to the gym on 12/07/18. The gym did not inform me of any additional requirements to accepting this notice (copy enclosed). I cancelled my DD mandate in September, and this can also be considered notice that my membership was to be terminated. I will offer a final payment of £9.99 as a fee for a final month’s additional notice. You have 14 days in which to accept this full and final settlement, and to provide details of where I should send the payment. It will not be made by direct debit. I will not pay any administration or penalty fees. Further to this: I was 17, and therefore a minor, when I signed this contract. There is no guarantor or co-signer for the contract. The staff used high pressure selling techniques on me. I will robustly defend any legal proceedings you bring against me. I will not respond to any text messages, email messages or phone calls from you or any other organisation on this matter. Any correspondence will be done in writing. If you continue to harass me via electronic means, I will raise a complaint with Trading Standards, the Financial Conduct Authority, the OFT and the Financial Ombudsman. I also reserve the right to pursue court action for harassment and seek damages. Under GDPR rules, I also withdraw my consent for your organisation to hold data about me, or to pass it to other organisations or entities.

Cabot it was actually. And since I’ve started my query with Natwest I’ve been getting texts asking me to get in contact with them. And calls from mobile numbers I believe

Hi, Roko are claiming I owe another months fees after cancelling and are threatening CRS. Background: Gym membership commenced 1st July 2017 First payment made upon joining. 12 month minimum contract DD's taken on the 1st of each month. Contract states 3 months notice to cancel. In 2018 I could not justify the cost of the membership. 1st June 2018 I rang Roko to confirm intent to cancel. 1st June 2018 written notice provided to Roko, confirming June, July and August would be paid via DD as the 3 months notice and membership should end 31st August 2018. 13th June 2018 a letter was received from their reception stating that the notice would begin from 1st July 2018 and membership would end 30th September 2018. I rang to query this and reception said they didn't process my notice until the 7th June 2018, and because they didn't process it before the 6th of the month, it would 'roll forward' to July 2018. There is nothing within the contract to state the notice of cancellation has to be processed by them at a certain time of the month. They said they weren't in a position to discuss when I disagreed but would ask the membership administration manager to call me to discuss. Never happened. A further call was made to Roko a week later requesting to resolve this. Promised a call back. Informed reception that DD would be cancelled after the August payment was cleared. Since they were asking the membership admin manager to ring, they said I should discuss with him. Never got the call. September 2018 - letter received stating DD attempted and failed. £20 admin fee now added to outstanding membership balance. This letter was from the membership administration manager who I'd been wanting to get hold of so at least now I know who he is. Responded by letter outlining terms of contract fulfilled from my perspective (more than 12 months minimum contract paid for, and 3 months notice given) plus pointing out the administration fee is unlawful, unenforceable - particularly because nothing is owed. Another letter received yesterday containing copies of contract, pointing out the 3 months notice requirement and basically saying they are within their rights as per T&C's to have September's fee. Specifically no mention or response to my point about admin fee added. And saying that if no payment received by 28th September, the matter would be passed to CRS, incur additional costs and it would then be nothing to do with Roko. Reading this forum, I know I should ignore CRS but it sounds as though this guy from Roko won't be responding anymore so I'm unsure how to proceed. Do I go to head office? Or am I in the wrong here? Many thanks,

Hi all My mother died in September and I've been putting off applying for a probate grant but I've made an attempt at completing application for probate form, (PA1) https://www.gov.uk/government/publications/apply-for-probate-form-pa1 and Inheritance Tax IHT205(2011) https://www.gov.uk/government/publications/inheritance-tax-return-of-estate-information-iht205-2011. I've read HMRC guidance notes but I think I'm missing something when completing the online version IHT205 because it flags up that my mother's estate could be liable for Inheritance Tax. I've carefully assessed Mum's assets and liabilities and assumed that once these were entered online it would automatically make the deductions but it doesn't appear to do this. My mother and father took out an equity release mortgage which amounts to £175,000, the property has been valued for probate at £375,000 so I would assume that the mortgage and any other liabilities should be deducted from the property value and other assets. Does anyone know what I'm doing wrong? Should I deduct the liabilities from the assets myself before adding them to the online application? If not, I'll give HMRC Helpline a ring in the morning. Thanks for reading, hope this makes sense.

Hi all, Revisiting this with a quick query - when does it constitute harassment from the DC's? My details have now been passed to Zinc - I've refused to engage, blocked the numbers, ignored the messages etc but wondered whether I should be tracking them and then when it hits a certain number if I should do something? (E.G they messaged me on Boxing Day, like come on!) Or is it that I do just leave them to waste their money trying to get hold of me and continue to ignore them? Many thanks,

So quick question for anybody in the know I am about to start a new job monthly paid - However I am concerned... The company do Payroll on the 20th of the month. With this date up and coming in less than 2 weeks - Would the company do payroll based upon 1st - 31st of the month where applicable and pay it on the 20th during that period (Like where some companies pay you on the 26th / 27th till the 31st for example?) Or would I only get paid a week if I started next Monday? Slightly worried?

Wait it out or query the alleged balance...its a lot less complicated to do it now than after a claim has been issued with the incorrect or possibly inflated balance.