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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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Being chased for debt already paid!


Midori
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Hello All,

 

I have an odd problem, I am being pursued by Aventis Credit for a Water bill paid in full in September 2008.

 

The bill was for water supplied by Southern Water, and it was paid via Highdown Debt Recovery, by my debit card. The money left my bank on September 2nd 2008, and shows on my statement as having been paid direct to Southern Water.

 

Aventis Credit has been chasing me since for the same amount for the same company, and I have already given them full details, first by telephone, and since by letter. I also told them to quit harrassing me by any means whatsoever and threatened to file charges against them.

 

Since then I have received another letter dated December 12, which could have crossed with the non-harrasment and details of payment I sent to them. Today I have received a letter from their Enforcement Arm, threatening immediate court action and having added another £178.81 to the non-existent debt.

 

Any clues as to how to deal with this Please?

 

Cheers, Midori

 

p.s. In some perverse way I am hoping they might take it to court, then I can make them look total fools, and maybe countersue for harrassment, and maybe other things too! (I am a pensioner, so every little helps!)

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I would send them an email/recorded delivery letter. Stating that the account was settled on the date you mentioned and if they check with Southern Water they will find this so.

 

Also state that you regard their threats as intimidatory and threatening especially as the account has been settled, and if you receive any further threatening letters they will be regarded as harrassment and against the CPUTR 2008, and you will have no hesitation in reporting them to the FOS, OFT and Trading Standards.

 

State that you do not expect to hear from them again and if you have to write to them again you will charge them £20 for doing so.

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Ditto all of the above.

 

I've had dealings with this shower both at home and at work, and have to say they are most incompetent bunch of amoebas I have ever come across! I made the mistake of trying to explain that I had already paid to the woman who called me. I wrongly assumed that she was in possession of the company brain cell that day!

 

In the end, I confirmed with Southern Water that they had received my payment, told S Water I would not be dealing with Avantis so call them off. It seemed to work, except that on Xmas Eve I received a 'legal' letter (yeh, right - my big toe knows more about the law than they seem to) telling me they are chasing a bill from January 2007. Haven't done anything about - like you, I will wait for them to 'take me to court'.

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Update,

 

On Friday 9th Jan, someone from Avantis rang me and I went through the whole sorry thing again, he denied having received the letter I sent with the receipt on, giving as a reason that they had moved!

 

I told him that the company was still using it's old stationery and I had naturally addressed the letter to the address on the letterhead. I explained that, as a matter of goodwill, I would send my proofs for a 3rd time.

 

Later the same day I received 3 identical letters (even to the signatures) thanking me for my letter and inviting me to take up a Payment Plan with them! I am currently still p-ing myself laughing at their incompetance!

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I personally wouldn't be bothered with them. You have proof of payment and they are trying to con another payment from you.

I would write saying "if you are too thick to understand, then take me to court".

I then wouldn't reply to any further attempts to contact you. I would also be abusive to them on the phone if they called.

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