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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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meandbex

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well, where do i start??? I am in the situation that i need some desperate desperate help and i think its wise to give the full story so please bear with the long post.

 

I split from my ex-partner 2.5 years ago after our house got repossessed after all her secret loans and credit cards etc. We went private rented then more financial issues came to light so i left her and was effectively homeless. I was lucky enough that after 7 weeks i got a rented placed. Then came the demands for cash from the ex-missus.

 

During this time i met someone else who i am still with.The council tax bills got behind when i lost my job and with having to pay the ex i could not catch up. My new partner and i were lucky enough to buy a house (new build from barrats) and the repossession did not show up. I was led to believe that the sale of the house was of market value as i sourced the buyer BUT the courts would not let me continue to sell the house.

 

Bear with me-anyway got a new house and the mortage was only £623 a month. In March last year the council dedcuted 2 montsh wages for council tax which led me to a shortfall on the mortgage payments. My now partner was now pregnant and in august the maternity pay kicked in leaving us around 300 month short.

 

Barrats got us into some hassle as they failed to notify EON of gas and electric supply (and despite me calling them they did not recognise the MPS or us as people) On top of this the new house did not get its council band valuation until october and they want me to pay 212 month which i genuinely cant.

 

The point i am getting to now is that i paid £200 council tax leaving me short to pay the water and now they want payments left right and centre and now after 12 months we have just got a whopping gas end electric bill come through from Eon. In november beacuse i wasnt getting any joy from eon i contacted british gas who were going to put us on the electric. I got a letter from Bg saying that they could not connect us and whilst sorting out the eon bill recently have now found out that yes we did get connected to bg.

 

Everything has now come to a head because of the mortgage shortfall of £1100 i am paying off £150 a month more on the mortgage which is leaving me short to pay utiltites. Im being threatened by BG, EON and Staffs water to discinnect supplies and add all these charges on top for a pyament meter.

 

To make matters worse i have this week recieved a letter for demands of £2937 relating to the sale of my house from my ex after repossesion dating back to dec06, yet i have not heard from them before and accoding to it, neither has my ex.

 

I take home £1294 a month of which i pay

 

MORTGAGE TO HALIF AX£750

PAYMENTS TO EX FOR KIDS £150

STAFFS WATER £50

TV LICENCE £19

HOUSE INSURANCE £21

CAR INSURANCE £29

FUEL FOR WORK £120

 

Whats left goes on food.

 

My partner who is on maternity tales home £337 month. Out of that she pays

 

1 CONTRACT PHONE FOR ME £35

1 CONTRACT PHONE FOR HER £25

DFS SUITE £50

HFC PC £38

HFC TV £31

LIFE INSURANCE £36

VIRGIN TV AND NET £35

CATALOGUE £10

 

rest of money on food and for little one

 

I have been forced to pay £50 on water each month as staff water wanted £100 over 2 months to clear in order i can then have regular DD.

 

I now have the following demands

 

EON ELECTRIC £358

EON GAS £ 670

BG ELECTRIC £158

STAFF WATER £211

 

 

As you can see not massive amounts and not huge debt as thats all we have bit am being crippled by payments to the ex and the fact my new partner i son matenity leave.

 

Bear in mind that so far i have heard nothing from the council tax and am dreading next month as i think my wages will have been docked and if they have been then i cant pay my mortgage.

 

What can i do?

What can i do about the £2900 sale of the house?

 

 

Oh and yes found out that the ex had a credit card in my name for £1803 and i ver knew about it and this has come tolight in last 2 months. She denies it .

 

Please help. My life has been hell until i met my new girl and i dont want to let her down. I love her to bits but i cant cope anymore.

Edited by meandbex

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you should lose your phones, get pay as you go, lose virgin get a set top box., and speak to utilities to go on meters then you will pay as you go but pay a bit off your debts as well. your priority is your mortgage. if you are in that much trouble, lose the luxuries. 50 quid a month on a sofa...catalogues which charge the earth anyway.....you could trim a load off your payments yourself.

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thing is the sofa was 17 month but hitachi capital put it up to 50 cos of missed payments

 

virgin we locked into 18 months and there 10 months left

 

phones are 18 months contract with 13 months left

 

catalogue only 147 left to pay

 

utilities want to charge 361 for payment meters on top of debt aleady

 

i dont see by your post how any of that will help tbh


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just thinking what my mum always said. let anyone chase your except your mortgage provider. at least then you will have the roof over your head. i was in your position at maggie thatchers depression and i lost my home. i ended up in rented, and metered everything, but no bills come through my door anymore and i sleep at night. you are in such a mess, prioritise....pay your main providers and let the others wait. offer them a couple of pounds a week at least you are showing willing and courts will accept this given your situation.

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Hi

 

Have you considered remortgaging to clear your debts in full, as a full and final?

The other options that you could consider is to enter into a dmp and make a small surplus payment into the dmp each month until your debts are cleared in full, or until your situation improves. This way, someone will be able to act on your behalf to deal with arrears, court action etc for you. You will then be able to be assured that a payment is coming out each month and getting distributed to your creditors. All debts, including phone bills etc can be paid through the dmp. You could try Payplan or CCCS for this as they are free DMPs and work with your creditors.

It does not sound as though you have much spare money, however an IVA may be an option if you have. If you take away any arrears payments for your utility bills from your budget i.e council tax, and other utilities including phone bills, this should free up more disposable income. In an IVA, all of these bills are included as debts in the IVA and as you would be making one IVA payment each month that would get distributed to all creditors, including your utility companies, you would not need to make an additional payment towards the arrears, and these debts will be written of after 5 years with the rest of your debts. This would be worth looking into.

I hope this helps

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I think my sitaution may force me to go bankrupt.

 

If so will i have to sell my house?

 

How will it affect me getting a property from council?

 

If i do have to sell what happens to the negative £27,000 shortfall? Does that alos get written off?

 

For utility bills ie gas and electric do they also get written off?

 

For my pc and sofa on HP do they have to be returned? Or could they simply have been sold ;) in order that i can use them elsewhere?

 

Help appreciated before i decide what to do.


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I think my sitaution may force me to go bankrupt.

 

If so will i have to sell my house?

 

Not neccasarily - it will depend on the equity and if youwant ot keep it or not.

 

How will it affect me getting a property from council?

 

If i do have to sell what happens to the negative £27,000 shortfall? Does that alos get written off?

 

If you want to include the shortfall in the BR then the selling of the house will not eb your responsibility, it wil lfall to the OR and mortgage co to sort out.

 

For utility bills ie gas and electric do they also get written off?

 

Not current bills - some arrears may do.

 

For my pc and sofa on HP do they have to be returned? Or could they simply have been sold ;) in order that i can use them elsewhere?

These are secured debts and not included, unless you want them to be.

 

Help appreciated before i decide what to do.

 

More infor here http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/56970-insolvency-dealing-debt.html

 

How much do you owe?


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i guess to be honest its not as much as what i owe as to what i cant keep on top of from missus being on maternity pay.

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/188563-desperate-help.html

 

as for my house.....

 

The house was £158000 from Barratts. We bought it on a 75/25 VALUE which means we own the house 100% but for 118000 which is 75%. The 25% (40000) is then payable within next 10 years meaning re-mortgage.

 

The value of the house is now £126,000 so we are told and that by selling we would only get ack £91000. That means the shortfall from original mortgage.

 


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Its not as much about what i owe. more abotu trying to keep on top of what i have now as missus on maternity leave. See my post here

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/188563-desperate-help.html


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I don't think you should consider Bankruptcy (from other thread)

 

You need to draw up a sensible budget and lose some of the things you don't need as the previous poster said. Then see what surplus income you ahve and make a pro rata offer to your creditors.

 

Are you claiming tax credits? Check here Start Calculation

How much arrears have you on council tax? Where are they taking the payments from? have they been to court for an attachemnt of earnings - if so what does the order say?

 

WHo decided that £150 per month was reasonable on your amortgage arrears? How much in arrears are you now?


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Replied on your other thread.


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i think your right. ie internet could reduced, phone contracts reduced and hp payments reduced

 

i get tax credits of 72 month

 

arrears on council tax are 1000. no attatchment of earnings done as yet but expecting it

 

mortgage arrears are 1200 but after speaking to them today nd explaining my circumstances they are agreeing to 2 months payments of 268 LESS to help sort ourselves out and then after that just an xtra 50 month to start paying arrears off

Edited by meandbex

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2011- Lloyds TSB £3874

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2017 - Moneyshop - £977

2018 - Aquacard £1327

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i am really sorry if this is in the wrong place

 

I got a copy of my credit report through and there are 2 things i have noticed, but am unsure if they should be corrected or not?

 

1. There are duplicate entries for the same thing with same date same value etc-is that right or should it be corrected

 

2. i fell behind on a pc hp payment with HFC last year by 4 months. It was reffered to capquest who now recieve my monthly payments. I have paid on time for last 6 months now. Yet it shows on my file with HFC that i am in default and am to may 09. Is this also right or does it need correcting?

 

Any help and advice is appreciated.


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2011 - Loans.co.uk (GE Finance) £1504.77

2017 - Moneyshop - £977

2018 - Aquacard £1327

2019 - Citicard - £1071.31

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Hi meandbex, it looks like it needs correcting, contact capquest and tell them.

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Hi, can someone point me in right direction at all please?

 

Ive sent a CCA request letter to Lovells for a credit card debt i had. This request was sent to them on 12th march 2009.

 

5 days later i got a letter saying they was trying to get their hand on it and would be in touch in the statutory 14 day deadline.

 

Ive heard nothing so far. Whats my next route please of action???


PPI SUCCESS

2011- Lloyds TSB £3874

2011 - Loans.co.uk (GE Finance) £1504.77

2017 - Moneyshop - £977

2018 - Aquacard £1327

2019 - Citicard - £1071.31

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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i am really sorry if this is in the wrong place

 

I got a copy of my credit report through and there are 2 things i have noticed, but am unsure if they should be corrected or not?

 

1. There are duplicate entries for the same thing with same date same value etc-is that right or should it be corrected

 

2. i fell behind on a pc hp payment with HFC last year by 4 months. It was reffered to capquest who now recieve my monthly payments. I have paid on time for last 6 months now. Yet it shows on my file with HFC that i am in default and am to may 09. Is this also right or does it need correcting?

 

Any help and advice is appreciated.

 

1. Duplicate entries can be removed. You can write to the CRF to tell them about this and they will contact the lender to remove the duplicated entry.

 

2. This would need correcting but on this occasion I would write to the CRF and Capquest to inform them that the payment history is incorrect. The Data Protection Act 1998 states that information must be accurate.

 

Good luck and if you have any questions fire away.

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got my letter back-they are unable to supply the cca!!!! Its from Lovells and they say they have had to close the case.

 

What happens now?


PPI SUCCESS

2011- Lloyds TSB £3874

2011 - Loans.co.uk (GE Finance) £1504.77

2017 - Moneyshop - £977

2018 - Aquacard £1327

2019 - Citicard - £1071.31

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It means you no longer have to pay anything because the CCA is unenforceable. Keep that letter safe for future use in case another DCA crawls from under a rock. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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It'll be passed back to the OC who will no doubt pass it on to the next lot of DCA low-life on their list. Keep that letter from Lowells safe - if anyone else writes to you, you can send them the bemused letter, including a copy of the Lowells letter ;)

 

 

EDIT - Aye, as Cerber said :D


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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It'll be passed back to the OC who will no doubt pass it on to the next lot of DCA low-life on their list. Keep that letter from Lowells safe - if anyone else writes to you, you can send them the bemused letter, including a copy of the Lowells letter ;)

 

 

EDIT - Aye, as Cerber said :D

 

 

really!!! :cool:

 

might be interesting then......theyve wrote to me now regarding a mobile contract and a overdraft...sent em the same cca letter and now theyve written back saying if they can find the other files they will bein touch.

 

If they cant get hold of one i doubt theyll get hold of the others????


PPI SUCCESS

2011- Lloyds TSB £3874

2011 - Loans.co.uk (GE Finance) £1504.77

2017 - Moneyshop - £977

2018 - Aquacard £1327

2019 - Citicard - £1071.31

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Mobile phones and overdrafts are NOT covered by CCA1974 - you would need to send either the prove it letter to the DCA OR a SAR to the original creditor to see if there are any unfair charges etc., etc.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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well thanks to the great advise and help on here i had recently requested my CCA from Lowells financial for 2 credit cards.

 

The 2 credit card companies do not any longer have these details on their system/files to provide lowells with.

 

Lowells have said that the matter is closed and will hear nothing more from them.

 

Thing is, on my credit file now, can the financial info be taken off or shall i let sleeping dogs lie until it comes off in 3 years time?


PPI SUCCESS

2011- Lloyds TSB £3874

2011 - Loans.co.uk (GE Finance) £1504.77

2017 - Moneyshop - £977

2018 - Aquacard £1327

2019 - Citicard - £1071.31

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you can only ask them to remove it as they cannot provde anything to confirm they have your writeen consent to process your data.

 

Ida x


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I think this depends on the history.

 

If you paid the cards off - The accounts were closed and they no longer need to deal with s77/78 requests and that is a true history on your credit file.

 

If the agreements were unenforceable, you could likely argue they never has the right to add this to your credit file. Seems to be much debated over on the main thread.


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