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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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Sneggy Dave Vs Abbey


sneggy dave
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Right I have started to take action against abbey this is wat i have done* I sent a letter requesting a list of charges/statments during the last 6 years and today i recieved a letter saying about the microfiche argument* Today i sent a letter using the sample letter from this WICKED AND VERY HELPFUL FORUM and i now await their reply. They have until 08/08/06 to do what they got to do.After this I will let you all now what they have said. Not sure what to expect to be honest. Any ideas from the people who have been through this stage already. Nice1

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Welcome dave, and good luck! keep us posted?

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Right today in the post i recieved 14 letters lol from abbey national all of which are my bank statements from the last 14 months. Does this mean they are not gonna send the rest of them from the last 6 years. I have sent them another letter last week in regards to the microfiche problem and they have until the 8 August to reply. Do i just wait now until the 8th and see what they do.

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  • 2 weeks later...

I need help on how to procced with my claim.Today i recievd a reply to the microfiche letter which i had sent them. It says on the letter that '' as these microfiche records are not held as part of a releveant filing system, they are not covered by the data protection act and therefore will not be supplied under section 7 data protection act request. However i confirm that arrangements have been made for the microfice records to be sent to you in due course''. Does this mean they are gonna send me the records or they are just finding a way out of it. Then it also goes on saying they have carried out a full investigation. Then its say something about keeping my file open for the next eight weeks. Wat does that mean? Whats the next step for me after this letter. Any help will be much appreicated.

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  • 3 weeks later...

Right i have now decided whilst im waiting for the rest of my statements going beyond the 14 months i am now gonna claim for what i am owed going from the last 14 months. I know first of all i have to send out the two letters each waiting for 14 days for them to reply. But wat i want to know is, is there anything i should be doing in the two weeks for preparation. And is there anything in particular i should be made aware of when completing the money claim form.Any help will be much appreciated.

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  • 3 weeks later...

Come someone tell me what i have to do after i send the final non compliance letter. Do i use this template http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html once the 7 days are up. If so can someone give me a address on where to send this letter. Also do i have to send a fee of any kind. Or are there any other things which i should be doing before hand for preparation.

 

Thanks in advance Dave

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  • 1 month later...

Looks like the abbey are finaly starting to comply to the DPA, I am still waiting for my statements requested in June. OK Dave looks like you are on top of things, so initial request for repayment, then LBA, then court. Just a sensible time period between letters ie 14 days between initial request and LBA, then 14 days from LBA to court. Good hunting.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Sorry, don't forget the schedule of charges with each letter, and the final schedule when you issue your claim in court should include the 8%. Now you have all your statements this should be easy to enter into a spreadsheet, just tedious.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Thanks will let u know how it goes. Hopefully there wont be as much hassle as it was for getting the statements. There where times where i thought about not bothering with this. Hopefully i will have my money back :)

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  • 2 months later...

Today i recieved a letter from abbey in response to my first letter i sent which was for repayment.

 

 

The letter i recieved was from the buisness manager and he basically says ''sorry that ur unhappy, one of my team will be investigating your complaint''. Then goes onto say handling the compalint can take a long time but we will write to you within 4 weeks if we havent contacted you before that. Then goes onto say if you empoyed a solicter or any third party it wont change how quick it can handle the complaint.

 

With this letter do i now wait for the 4 weeks to come or do i send the next letter giiving them another 14 days to repl.

 

Any help wil much appreciated once again. Thanks

 

Dave

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  • 3 weeks later...

Recieved another letter today saying that im sorry bla bla bla, The usual rubbish and it will take up to another weeks whilst we look into ur complaint.

 

So i take it now is the time to make the claim. Do u suggest i do it online?? and just follow the instructions.

 

Thanks

 

Dave

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Today i recieved another letter and this time its a gesture of good will offer.

 

They have offered to give me £410 and the sum in which I am asking for is £930. They go on to say that they believe that they have not broken any rules and they comply with the office of fair trading.

 

This letter comes on the day that the deadline is up before i send the money claim form over the internet. Now i got this letter I am not sure on how to proceed. Do i go ahead with the claim but take off the £410 pounds or do i wirte to the abbey and tell him its not good enough and i want the full refund.

 

 

Any help on this matter willl be much appreciated.

 

Thanks again

 

Dave

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Hi dave,

 

As you have not filed your claim yet I would accept it as partial setlement of your claim and proceed with the claim for the rest. Check to see if it is in your account, or rather make sure you get the GOGW before deducting it from your claim. This is standard procedure for abbey, give them a bit they might go away. You can refuse it, but they normaly pay it fairly quickly into your account, mine was swallowed up by the overdraft. HTH.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Sneggy Dave, ...... I second Bish, and if you use MCOL don't forget to send 3 copies of your schedule of charges to MCOL @ Northampton with a covering letter (template around somewhere) asking them to join the schedule up with your e-claim. It pre-empts the standard nonsense from Abbey that you failed to provide it with your N1. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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if you use MCOL don't forget to send 3 copies of your schedule of charges to MCOL @ Northampton with a covering letter (template around somewhere) asking them to join the schedule up with your e-claim. It pre-empts the standard nonsense from Abbey that you failed to provide it with your N1. Regards, Mad Nick

 

 

 

I thought if u do it online u just follow this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html. And if u want to do it over the counter or post u send the charges schedule up. Doing it online there is no facility where u can send the list of charges.

 

The way i was orginally going to do it was use this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html to fill in the money claim form state that i have had a gogw and take that off the final total. Then i was going to send them a letter saying i will only accept this as a partile payment and still expect the reminder of the total.

 

 

Is this right or am I going the wrong way about it.

 

 

Thanks for your help its much appreicated

 

Dave

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If you want help write your letter of here and some one will take a look over it for you :)

 

 

Karne

x

 

 

I have written a draft letter here which I am going to send to the abbey. Its about the rejection of the GOGW and what I am going to do next.

 

I need to write the address in and my account number but if someone can check the content of the letter that will be much appreciated.

 

 

Letter>>>>

 

 

 

R.E Reply of GOGW offer

 

 

Dear Mr Roger Evans

Thank you for the letter of GOGW revived on 25th January 2007. Although I am grateful for the £360 which you returned to me I still need the reminder of what is owed to me. Because of this I can only accept this as a partial offer and I still require the reminder of the charges which add up £552.

 

I have to tell you this will be the last letter in which I will be sending to you as I am about to send the forms off to the claims court in order to get the reminder of the charges back. I am sorry that it as to go down this route . I have given you plenty of notice and written to you on numerous occasions asking for what is owed to me.

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Dear Mr Roger Evans

 

Thank you for your letter dated 23rd January 2007.

 

I acknowledge receipt of £360 which Abbey have returned to my account.

 

This amount will only be excepted in partial settlement of my claim and I will continue my claim for the remainder of the charges, totalling £552.

 

I will be entering my claim in the county court on XX/XX/XX . Should you wish to avoid this action please contact me.

 

 

Thanks Karn much appreciated. This version is much shorter and to the point. Thanks

 

Dave

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  • 3 weeks later...

Need some advice please!!!

 

 

Last week i recieved the court papers saying that abbey had till the 24th to respond to my claim. However, today i recieved more court papers saying that Abbey intend to defend the whole claim, which then goes on to say it has 28 days to file a defence.

 

 

What does this mean now for my claim. Does this mean its going to go to court.

 

 

Any help will be much appreciated once again.

 

Thanks

 

Dave

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Sneggy Dave, that looks like the normal and if they carry on that way, they'll file a defence which will be a flat denial, and send you a copy direct with a 50% final settlement offer ("without prejudice"). Wait for the official Court version with an AQ to fill in. If you decide to carry on, reject Abbey's offer direct with Abbey,and return the AQ to the Court then wait for a court date. In the meantime, read up on this : :http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html

Regards, Mad Nick

PS And just in case you didn't know, Without Prejudice means that, if it's a genuine attempt at settlement (which I suppose it is, LOL), it's inadmissible in Court so don't put it or your rejection in your Court bundle.

Abbey £8370 settled 17 Apr 07

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  • 1 month later...

Can someone tell me how long does it take the courts to send me the court date after i sent the allocation questionaire. Its been almost 2 weeks since i returned the form and still aint heard nothnig from them. Is this the norm??

 

Cheers

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