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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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All8pne v Nationwide


All8pne
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Just want to wish you good luck!

I'm just starting out too, have just requested details of charges from data controller at Nationwide. Their 40 days to supply starts today. Tick tick tick....

Yorkshire Bank - owe me £1956

Prelim letter sent 17/07/06

"Forget it" letter received 19/07/06

LBA sent 21/07/06

Claim submitted 08/08/06

Defence received Day 28 07/09/06

Allocation questionnaire sent 13/09/06

YB offer £1588 + £120 costs 27/09/06

Rejected! 29/09/06

YB offer £1985 + £220 costs 21/12/06

Accepted! 22/12/06

Awaiting cheque

 

Barclays Bank - owe me £229

S.A.R - (Subject Access Request) sent 13/07/06

£10 cheque returned, duplicate statements coming soon letter rec'd 20/07/06

Statements received on Day 41

Prelim letter sent 8th Jan 07

 

Nationwide BS - owe me £329

S.A.R - (Subject Access Request) sent 13/07/06

Statements received very promptly

Prelim letter sent 8th Jan 07

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I wouldn't bother organising a parachute account before you start claiming as it will take a while for your claim to go through and then they give you 30 days notice. I would get on with it as soon as possible.

 

Good luck....at the moment Nationwide are pretty easy to predict what they will do!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 2 weeks later...

Nationwide got back to me in a week to tell me copy statements would be sent shortly. They cashed the £10 cheque very quickly!

Yorkshire Bank - owe me £1956

Prelim letter sent 17/07/06

"Forget it" letter received 19/07/06

LBA sent 21/07/06

Claim submitted 08/08/06

Defence received Day 28 07/09/06

Allocation questionnaire sent 13/09/06

YB offer £1588 + £120 costs 27/09/06

Rejected! 29/09/06

YB offer £1985 + £220 costs 21/12/06

Accepted! 22/12/06

Awaiting cheque

 

Barclays Bank - owe me £229

S.A.R - (Subject Access Request) sent 13/07/06

£10 cheque returned, duplicate statements coming soon letter rec'd 20/07/06

Statements received on Day 41

Prelim letter sent 8th Jan 07

 

Nationwide BS - owe me £329

S.A.R - (Subject Access Request) sent 13/07/06

Statements received very promptly

Prelim letter sent 8th Jan 07

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I recieved a standard reply from Susan Taylor (Data Protection Administrator) informing me that my duplicate statements will be sent in due course. Pretty standard I guess.

 

I have had a setback with my parachute account though, I recieved a letter from first direct saying i couldnt open an account with them due to my credit rating etc etc, so i have applied for a Nat West basic step account today, hopefully i will have more luck with them.

 

All the best

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I managed to open a Co-op Bank Cashminder account last Saturday - my Electron card and information pack arrived yesterday, paying in book and PIN to follow. With this account you can also pay in and withdraw money at the Post Office which is handy. I probably won't go near a branch for a long time!

Using my new mycashplus Mastercard for places that don't accept Electron.

 

Still waiting for statements from Nationwide - it's been 23 days now since I sent the SAR....

Yorkshire Bank - owe me £1956

Prelim letter sent 17/07/06

"Forget it" letter received 19/07/06

LBA sent 21/07/06

Claim submitted 08/08/06

Defence received Day 28 07/09/06

Allocation questionnaire sent 13/09/06

YB offer £1588 + £120 costs 27/09/06

Rejected! 29/09/06

YB offer £1985 + £220 costs 21/12/06

Accepted! 22/12/06

Awaiting cheque

 

Barclays Bank - owe me £229

S.A.R - (Subject Access Request) sent 13/07/06

£10 cheque returned, duplicate statements coming soon letter rec'd 20/07/06

Statements received on Day 41

Prelim letter sent 8th Jan 07

 

Nationwide BS - owe me £329

S.A.R - (Subject Access Request) sent 13/07/06

Statements received very promptly

Prelim letter sent 8th Jan 07

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By the way - if you didn't know, mycashplus is a prepaid Mastercard that you top up and then use like a regular credit card. Fantastic if, like me, you can only have a basic bank account but don't want to carry cash all the time. Cost £4.95 a month though to use... www.mycashplus.co.uk

Yorkshire Bank - owe me £1956

Prelim letter sent 17/07/06

"Forget it" letter received 19/07/06

LBA sent 21/07/06

Claim submitted 08/08/06

Defence received Day 28 07/09/06

Allocation questionnaire sent 13/09/06

YB offer £1588 + £120 costs 27/09/06

Rejected! 29/09/06

YB offer £1985 + £220 costs 21/12/06

Accepted! 22/12/06

Awaiting cheque

 

Barclays Bank - owe me £229

S.A.R - (Subject Access Request) sent 13/07/06

£10 cheque returned, duplicate statements coming soon letter rec'd 20/07/06

Statements received on Day 41

Prelim letter sent 8th Jan 07

 

Nationwide BS - owe me £329

S.A.R - (Subject Access Request) sent 13/07/06

Statements received very promptly

Prelim letter sent 8th Jan 07

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Share on other sites

I have a question that i have not seen answered anywhere else as yet, its. I know our claims are limited to charges incurred in the last 6 years, but when does the 6 year clock stop ticking?

 

For example do you claim for 6 years from the date of your preliminary letter, or Letter before action or is it when you lodge your money claim?

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Theoretically it is 6 years from the date you became aware that the charges were unlawful I believe. So in this case I personally would go from the date you sent your DPA request.

  • Confused 1

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 3 weeks later...

Statements arrived this morning, so there will be some frantic adding up in our house tonight!

 

So thats 24 days since they recieved the SAR. I noticed in my reply letter from Sarah Watson that the reference was DP/2006/2371 I wonder how many of the 2371 are CAG members?

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After entering all the charges and interest charges on charges into the magic spreadsheet I have a total of £4,286 in charges and a further £330.23 to request in my preliminary letter, which is all nicely printed off and sat on my desk along with the schedule of charges.

 

It will get sent recorded delivery tomorrow morning to Mr Bacon.

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  • 3 weeks later...

I have sent off my LBA this morning to Mr. Bacon, so far everything seems to be going according to plan. I didn't recieve a reply to my prelim letter, but i'm not really bothered about that at all.

 

I did have to revise my figures downwards slightly though. I re-checked my spreadsheet & statements and found a refund of £17.50 back in march 2003 and also I had used the dates the penalty appeared on the statement and not the date the penalty was applied. Anyway its all sorted now and in the post.

 

I got this message when i logged on today

 

"Hello All8pne it appears that you have not posted on the forum for several weeks. Why not take a few moments to ask a question, help provide a solution or just engage in a conversation with another member in any one of the forums? You will get so much more benefit from taking an active part and the forum will benefit from your involvement as well."

 

Sorry.

 

I just read the FAQ's and keep up to date with everyone elses threads, I dont seem to have any questions to ask!

 

I can make some up if you like......

 

Whats the capital city of Equador?

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Quito :p

 

Didn't know about that message popping up, must be to encourage people to post.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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I popped home at lunchtime and there was a response to my prelim letter, just the standard stuff everyone else seems to be getting.

 

thank you for your letter of the 25th....

We appreciate the time you've taken to get in touch with us about this issue...

As you know...blah blah.. in accordance with terms and conditions...agreed to by yourself when you sign your application...

Nationwide believes it is open and transparent about charges...Blah blah....alternative banking arrangements....Hope this clarifies our position..

 

Now F*** Off

 

Love Paula Blake

Member Servicing

I did consider writing a snotty reply quoting the OFT stance on closing accounts but decided against it as it wont really add any value, I have already sorted out new accounts for both me and my lovely wifey:)

 

Still on track - Next step moneyclaim 22/09/2006

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Cool - roll on the 22nd :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Cant resist the snotty letter.....

 

Dear Paula,

 

Thank you for your letter of the 6th September 2006, about charges incurred on our flex account.

 

I appreciate the time you've taken responding to my letter of the 25th August 2006 and thank you for explaining the rationale behind your charging policy, and as you pointed out I'm fully aware of the media and press coverage regarding the lawfulness of penalty charges applied to consumer's accounts by banking institutions.

 

I agree that the tariffs of penalty charges are enshrined within your terms and conditions and that I accepted them when I signed my application form. This however does not make them any more legal, in much the same way as if I signed terms and conditions allowing someone to assault me, this would not make the assault any more legal.

 

I bring to your attention the following extract of my letter before action which was posted to your Mr. Charles Bacon this morning:

 

English contract law requires such fees to be a genuine pre-estimate of your losses if it is to be lawful following the case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 A charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable.

 

I believe that the charges you have levied far exceed any true cost to yourself as a result of my breach of contract and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure me that your charges really do reflect your costs.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). The account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.

 

As to your statement that 'Nationwide Believes it is open and transparent about fees' I request again, for the third time, please can you demonstrate how open and transparent nationwide are, by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches of contract.

 

Thank you for making me aware that the nationwide group uses the FSA rules when dealing with customers concerns. I would like to make you aware that I will be conducting my concerns under county court rules, and to this end as mentioned above I have issued a letter before action to your Mr. Charles Bacon this morning. If I do not receive a satisfactory reply within 14 days I will have no hesitation in submitting a claim with the court service.

 

Furthermore I would like to bring to your attention an extract from a briefing note issued by the Financial Services Authority on the 4th July 2006

 

"Briefing Note BN 023/06

4 July 2006

 

FSA position on account closures and default charges

 

Generally, under FSA rules on dispute resolution and complaints, we would not expect any regulated firm to discriminate against a customer who makes a complaint."

 

So by closing my account after I have taken court action you, as I know from following other consumers claims against the Nationwide you will be acting against the advice of the body under which you have stated that you are regulated, I would very much appreciate an explanation of your stance on this point.

 

 

Yours Faithfully

All8PNE

Do you think i should or just leave it?

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Good letter - might as well send it, all you will have lost is the cost of a stamp :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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  • 2 weeks later...

Ahoy Shipmates!! (Tis Talk like a pirate day today dont you know Talk Like A Pirate Day - September 19 )

 

Argh... ok the big moneyclaim day is this friday, I was wondering if someone could just check the wording in case i have made a cock up please, me Hearties:

 

Claimant has account XXXXXXX with Defendant

from December 1999 conducted on their

standard terms and conditions. Claimant is

claiming the return of £4579.04 taken by

Defendant in charges and interest on the said

charges over the past 6 years. The

Defendant's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. They are also

invalid under the Unfair Contracts Terms Act

1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 31/08/2000 to

22/09/2006 of £1371.93 and also interest at

same rate up to the date of judgment or

earlier payment at a daily rate of £1.00p.

 

I think its correct but would appreciate a thumbs up before i make the Nationwide walk ye plank, the scurvey dogs....argh....etc

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Thumbs up :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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