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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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Statutory demand for credit card debt(bankruptcy)Help!


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Personally, I would just hang tight. BTW, Connaught and 1st credit are the same company, just different names.

 

What did the stat demand say? Did it say it was issued by Connaught or 1st credit? If it says it was issued by 1st credit then I would still apply for a set aside but it is up to you.

  • Haha 1

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom,

 

Thanks for coming back to me on this. The SD says: The demand is served on you by the creditor name: 1st Credit (finance) Ltd.

 

But it is signed(PP'd) on behalf of Mr D Silcock of Connaught and it states;

I am authorised to make this demand on the creditors behalf.

Connaught collections UK Ltd. Airport House, Purley Way, Croydon,

 

So I'm not sure how to read into that.:confused:

 

Also upon digging out some old Connaught letters I've noticed that the supposed sum due under this agreement seems to have changed from £3346 down to £2696, Why would they do this? On my credit file the default balance is £3346 but the outstanding balance is the £2696. Now i have not paid them a penny so why the change? Would this help my case to get the default removed on the basis that the value was wrong??

 

I'm getting confused!!:confused::( What do you think?

 

Regards

 

Carl

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Hi Tom,

 

Thanks for coming back to me on this. The SD says: The demand is served on you by the creditor name: 1st Credit (finance) Ltd.

 

But it is signed(PP'd) on behalf of Mr D Silcock of Connaught and it states;

I am authorised to make this demand on the creditors behalf.

Connaught collections UK Ltd. Airport House, Purley Way, Croydon,

 

So I'm not sure how to read into that.:confused:

 

Also upon digging out some old Connaught letters I've noticed that the supposed sum due under this agreement seems to have changed from £3346 down to £2696, Why would they do this? On my credit file the default balance is £3346 but the outstanding balance is the £2696. Now i have not paid them a penny so why the change? Would this help my case to get the default removed on the basis that the value was wrong??

 

I'm getting confused!!:confused::( What do you think?

 

Regards

 

Carl

 

I would apply for the set aside, then.

 

Better to be safe than sorry.

 

No idea about the rest of the questions... sometimes DCA's don't appear to be able to find their thingie with their watchamacallit.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom,

 

Your right about DCA's and their thingies!! I will get on with my set aside 1st thing tomorrow, I've been reading some of your old(and wise!) post and found this;

tomterm8

"I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a debt when such pressure is contrary to the OFT Debt Collection Guidelines."

 

should i put this in my set aside request? or should i ad to it as well?

 

Oh, FYI I have also written a CCA to 1st credit which i will post special delivery tomorrow. Should i put in a request to 1st credit for a statement of account??

 

thanks as always

 

carl

 

P.S. Denver, i have posted you a link on your thread to a really useful thread that i found, hope it helps!

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Hi All,

 

Hope all of you are weathering the storms! I am in the process of writing my set aside order but need some help I'm afraid! I have as follows so far(which I've basically copied and pasted from other various threads:) )

 

"(1)I do not admit the debt as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a debt when such pressure is contrary to the OFT Debt Collection Guidelines.

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. The prescribed period as stated in SI 1983/1569 Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 is 12 working days. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues.

 

My request under s78 of the Consumer Credit Act 1974 was sent to MBNA Bank on 20th April 2007 by recorded delivery, and again to Connaught collections UK Ltd, the debt collection agency who claim to be dealing with the alleged agreement and have raised the statutory demand. The initial request was received and signed for on the 23rd April 2007 and the second request was signed for on 3rd March 2008. At this present date Connaught Collections UK Ltd have had :confused: working days to comply with the request made, and are therefore in default as stated above.

 

Further, I believe that the amount of £2696.30 referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Connaught collections UK ltd nor ST Credit (finance) Ltd have not provided further information regarding the charges they have added to the account despite my requests by telephone, and still have not provided a statement of account (as requested under s78 CCA 1974)."

 

The help needed............

I'm a bit stuck when it comes to the dates for the CCA request etc.

The ST request i put in last year was to MBNA and i didn't know at the time the debt was sold to ST Credit so I'm afraid this request won't stand, the other requests(1 to Connaught, 1 to ST credit) have not had their 12 working days lapse yet but if i wait for them to lapse then my 18 days could have run out as the SD is dated 25th Feb 2008, what do i do????

 

Also, if the SD does get set aside where do i then stand with the debt? because ultimately i want the default removed.

 

Many Thanks

 

Carl

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..

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Carl

Just reading this cold, I think your CCA on MBNA would still be valid. What MBNA have done is to sell (assign) the debt to 1st Credit. However, you have not put anything in the application about this assignment. I would add something like

"I have never received any Notice of Assignment from MBNA but on xx/xx/xx Connaught wrote to me demanding payment of this alleged debt to them on behalf of 1st Credit.”

after your bit about the CCA on MBNA. That way you explain the 'link' between the original claim and the SD.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi Docman,

 

Thanks for your reply. I will put in your suggestion as in my CCA request to MBNA in 2007 i did request a copy of the deed of assignment and they didn't reply at all. so it an only help my case.

 

Tom, if your about i would value your opinion.

 

Regards

 

Carl

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We've argued this before and the Insolvency Rules are quite ambiguous about it. The thing is, the creditor would have to be able to PROVE that the SD was served on the debtor, just saying it was posted wouldn't wash if challenged.

I have heard that once on a set aside, the judge decide that as the defendant was in court asking for a set aside, it proved that he had in fact been served but gave him more time (7 days I think) on top of the 21 days.

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  • 4 weeks later...

Hi lapos

 

I have just come across your thread on another thread and and this bit

 

"Congratulations user56565! I am going through the same process at the moment against 1st Credit with the help of tomterm and some other helpful members(link below if anyone interested) i was just wondering how santos L helper got on with your SD? i also wanted to know what is the result if the SD is set aside? is the debt squashed or is it just that SD and the whole palaver starts again?:rolleyes: "

 

I got my SD set aside thanks to the help from Tom, Rory and Sequenci, but I have just returned from working away for a few days and in the post is a letter from connaught giving me 7 days to arrange an appointment with them to receive a Statutory Demand :eek:. Different account by the way.

 

So off we go again :mad:

 

How are things going with your set aside? hope everything is ok, I will start a new thread about my new SD.

 

Reading through other threads it seems that connaught are issuing these left right and center, so I don't whether to wait for the SD or go on the attack now with complaints about abuses of process etc.

 

Good luck

 

Santos

Springfield

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Hi Santos,

 

Cool name by the way and ironic as that's how Bart got into credit trouble! lol

 

Anyway as for my SD i received the paperwork through a couple of days ago to say i have a hearing on the Th May, not sure what to do to prepare though so i need to find some time to read through the threads.

 

Sorry to hear about your new SD, (on and on and on.......) I would at least put a CCA request in straight away as the longer they've had reply the worse it looks for them when you apply for the SD to be set aside.

 

Good luck and if you've got any tips for my hearing don't be shy!;)

 

Thanks

 

lapos

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  • 1 month later...

Hi All,

 

Just to give you an update i received a letter from connaught saying they are willing to set aside the SD and they have also written to the courts to explain the same. i think I'm going to still appear at court just to be sure though.

 

Well, one battle won but a long war to go!!!

 

Regards

 

Lapos

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Hi Lapos

 

Just come accross your thread. I had a SD sent to me by a DCA. I went through the process to get it Set Aside. I've recently been to court for the SD hearing. The DCA didn't turn up. It was set aside.

Don't take Connaught's word for it. Go to court to be sure.

Also don't forget to ask for costs. I was awarded £50.

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I was in a similar situation and only asked for costs at the actual hearing rahter than on my application. However, I had prepared my costs prior to this and it was just a case of handing the sheet of paper to the district judge.

 

This is what I requested and got:-

 

Costs For Set Aside Application Case No xxx

xx Court xxx April 2008

 

Rate Claimed Litigant in Person rate of £9.25 / hour

Travelling Costs HMRC Approved Mileage Rate of 40p / mile

 

1) Time spent identifying and understanding relevant legislation.

Time spent identifying and understanding relevant case law.

Time spent preparing affidavit and skeleton argument.

 

18 hours £166.50

 

2) Time spent communicating with Respondant and swearing affadavit

 

2 hours £ 18.50

 

3) Loss of day’s wages for attending court on xxx April 2008 £ 80.00

 

4) Travelling costs for return journey to court 2 x 20 miles £ 16.00

 

Total £281.00

 

Notes

 

Before undertaking this myself I approached a solicitor to handle this. I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

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Hi Nicklea,

 

Thanks for your detailed response, unfortunately i didn't see it until i got back from court. The SD got set aside, no costs unfortunately as the letter they sent to the court stated they are only willing to set aside if both parties cover their own costs and they made up some cock and bull story that they didn't realise the debt was in dispute and if they had they wouldn't have sent the SD in the 1st place(they didn't provide me with a copy of this letter or any of this info prior to the hearing, they just said they were wetting aside!). I decided to just keep it simple as getting set aside is the most important thing to me. I have asked the judge to send me a copy of the letter, which he agreed. I am now going to get on with the long task of having this debt ruled un-enforcible!

 

Man thanks to all

 

Lapos

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Hi Denver,

 

Thanks for the advice, what costs should i say i occured as i don't want to push my luck??

 

 

Lapos,

 

I agree with nicklea that you should prepare a schedule of costs and include the items outlined above. I've an on-going matter where the judge reserved the creds solicitor’s costs (they wanted them on each application). On that though, they could claim £150 per hour whereas you can claim only £9.25. But as one judge said to me, it takes a litigant in person a lot longer to understand and prepare a case.

If the other solicitors claim an hour's work, you should claim 3 or 4 hours, but you should try to keep a log of the hours spent on the case. If there is a dispute, you may find the judge tries to get an agreed amount between both parties. In such cases, it's helpful if you've sent a copy of your schedule to the other solicitors before if you can. Then they can't claim surprise.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Sorry, lapos, you posted whilst I was writing my post.

 

Well done though on getting the SD set aside.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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For the SD to be set aside can only be (assuming the debt is admitted) if the whole debt is disputed on grounds which appear to the court to have a very real prospect of success & the burden of that proof for that is with the debtor.

 

Are there any penalty charges included in the overall sum?? If there are this may be another valid reason to dispute the SD

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  • 3 weeks later...

Hi Jon,

 

Sorry I've only just seen your post. I'm pretty sure there are plenty of charges n there but the figure for the debt has come down by about £1000 since it left MBNA(without me paying it) so I'm not sure whether these are taken into account or not. I'll fight this as a separate matter as i now intend to try and get the default removed which neatly brings me to my next question;

 

They still haven't responded to my CCA request so what is the best course of action to get the default removed guys?

 

Many thanks

 

Lapos

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:oHi there! I'm new to this too - just completed my first post and would you believe, I also received a Statutory Demand for Bankruptcy a couple of days ago! I am very worried about it (hardly slept a wink) but unlike you, I don't have a job to worry about. Also I would willingly pay them off if it was at all possible - after 19 years I'm now at the end of my rope! Anyway all the very best and I hope you get it sorted to your satisfaction.

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  • 1 month later...

I never actually said congratulations but... congratulations!

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 weeks later...
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