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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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Thanks.

 

There is no mention of Clarity on this email but the 20% comes to more than the default charge.

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Enfieldian - PTP gave me same offer as you. When it went to Clarity they made me a separate offer.

  • Haha 1

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Had an email from Clarity today (despite the one from PTP saying that I had 30 days last Friday)

 

Thank God for that, at least I can start paying this on off now....

 

Thank you for the pointers Robjam.

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Can anyone tell me if any of this is registered on your credit file from their experiences?

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Generally they don't but they are always capable. Wonga always make this threat. I have not seen anyone mention that they have had adverse info on their creditfile.

I suppose most people that borrow from these companies already have poor credit scores.

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Thanks, that does help! I'm just in the 3 years on from a default (from O2) which kinda put me on this path to the crappy lenders and if i ended up going back to stage one with another default then i would be distraught!

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Am also currently dealing with PTP and an overdue loan.

 

One individual, 'Gerry McGuire', has clearly been assigned my case and regularly calls my work, mobile and family members in complete disregard to OFT and DPA.

 

Sadly, I enjoy the conflict and relative ease of winding his Irish snarl into a rant. Best tactic is to get him to keep repeating what he's just said and throwing his insults, ie. 'you're a liar' back at him in true petty playground fashion. Ringing him a few times a day for a general chat is my next tactic and if he's not available leaving him messages to call back on premium rate numbers.

 

Just wanted to know if anyone else has had dealings with this parasite and how you go about reporting him on a more official level. As much as I enjoy my new friendship with 'Gerry', I can't see us lasting!

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He must work in the same office as "Gavin Armstrong" who is also a grade "A" c**k.

 

Had my letter from Clarity now so will be putting forward my proposal, as requested, via email (!) tomorrow....

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He must work in the same office as "Gavin Armstrong" who is also a grade "A" c**k.

 

Had my letter from Clarity now so will be putting forward my proposal, as requested, via email (!) tomorrow....

 

 

Gavin :lol:

 

What a complete muppet that guy is! Very easy to rile!

 

You should change your numbers tbf. I changed my ones to a payg mobile and then left them too it. Enjoyed a bit of e-mail tennis with that mong Gavin as well haha!

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For the record not all of their people are awful, i can't remember the name of the lady who was dealing with mine but after an honest and open discussion of the options she essentially agreed that i would be better off letting it go to clarity (although she never specifically said those words) and made a note to just call me back just one day before it goes to clarity to see if anything has changed.

 

I think sometimes discussions with these guys can just go in a downward spiral with negativity feeding it from both sides...

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Do what I did to annoy these companies and believe me it works.

 

I got a mobile phone sim card that had never been used and advertised a 'massage parlour' in the free ads and the yeller etc using this sim cards number.

 

The best thing was that i then transferred all the calls to PTP's collections office.

 

I just really wish i could be in the office to see some of the phone calls they are getting.

 

REVENGE for them calling me numerous times per day. :)

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Thats genius :) i may have to do the same. I was stuck on the 'merry-go-round' and had enough. I am waiting for PTP to pass the debt to clarity as they wont listen, accept, or acknowledge any proposal.:mad:


Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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Stick to your guns Shirley as no point talking to PTP. Just have to put up with the annoying phone calls. After a few weeks Clarity will be in touch and a damn site easier to deal with!

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Result!

 

After following legal advice to complain to PTP customer support over their agent's blatant disregard for any of the OFT or DPA laws I have received confirmation from PTP that they will no longer be seeking recovery of my debt and will be investigating the agents in question.

 

It is apparent that PTP customer support and colleagues at Northway Financial are unaware of the illegal bully boy tactics or unwilling for them to be exposed.

 

My advice would be to record every phone call (where possible), save every threatening text and take statements from work colleagues or family members as to the information that was given to them by any PTP collection agent. Then cross reference this to the OFT and DPA laws (easily available online) to see how many have been breached.

 

Despite my grievances with this company, I have been impressed with the response from Northway Financial's head address. Good luck to anyone else currently dealing with PTP.

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"mr gavin armstrong" did i hear someone say i am currently going through harassment from him... he calles me everyday at work home and on my mobile. i have politely asked him not to contact me at work as i work in a nursing home and we are not allowed to accept personal calls at work but he doesnt listen he has continued this everyday for the last 3 weeks and it is becomming annoying. the only reason i didnt pay was because of an unexpected ves bill which i did explain to himself and hes having none of it my phone is full of voicemails stating "i have no balls" im female for gods sake!! "im a lier" even though i have told him the truth... i really dont get him he is making my life a complete misery... can anyone help me i have already complained to the company with no outcome at all..... could we say harrassment? or is he breeching anything? i would love to hear any suggestions thank you

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Hi lizzie - stick to your guns, he only gets to keep your account for a short while and then passes to Clarity who are fine to deal with.

 

Complain to OFT and send a copy to their head office, see cariads earlier post for their name.

Good luck and don't let him get you down -oh yes and keep those answer phone messages if you can.

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Hi Lizzie,

 

The address I made my complaint to was Northway Financial Corporation Ltd, Level 8, Plaza Commercial Centre, Bisazza Street, Silema, SLM 1640, Malta. I actually e-mailed them direct with my complaint though have mislaid the address (CC'ing a copy to PTP customer support). I'm sure someone on the forum will have it. They responded within 14 days after investigating my claims.

 

As has been stated here, it is really important that you save texts, voicemails and gather statements from colleagues if appropriate. Thankfully, I had done this, though was never asked to supply it to Northway. As was stated to me over the phone by PTP agents, 'we record every call', talk about shooting yourself in the foot.

 

On reading my contract, I realised that this company acted as a 'broker' (charging me a fee). My contract also stated nothing about waivering the right to call me at work or discuss my account with third parties. The OFT regs are clear and easy to interpretate. The breaches relevant to me included:

  • disclosing private information to a third party
  • causing public humiliation
  • not giving enough warning about a collection agent visiting my place of work (something they cannot do anyway and I had them for lying about this as well).

Clearly you can wait for Clarity to take over but unless something is done about this practice, we inevitably allow it to happen to many others after ourselves.

 

Stand strong Lizzie and good luck!

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Er all, have you CCA'd these guys? they have nothing on you. Its totally unenforceable.

 

I didn't pay them back at all. That wasn't the original intention btw but when I missed one month's payment they got really nasty and I was so horrifed at their antics that I decided to get nasty too. Long and short of it is I called their bluff and reported them to the financial ombudsman. never heard from them again.

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Apart from a couple of calls and 3 emails i have heard nothing from PTP. It's now been 6 weeks so i persume i will be hearing from clarity soon. Once i hear from Clarity i will CCA them.

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Hi ellie - a personal choice really. CAG does not advocate debt avoidance, however if they do not play by the rules and are offensive I tend to agree with you.

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Hi ellie - a personal choice really. CAG does not advocate debt avoidance, however if they do not play by the rules and are offensive I tend to agree with you.

 

 

Yes, PTP are well known for their unacceptable behaviour (by UK legal standards). Being based overseas they can intimidate, bully, lie & cheat with impunity.

 

Eventually they give up and pass to Clarity who do have to abide by UK regs.

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Take care to read the contracts with PTP, the one I signed clearly stated that they were governed by English law.

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Am also currently dealing with PTP and an overdue loan.

 

One individual, 'Gerry McGuire', has clearly been assigned my case and regularly calls my work, mobile and family members in complete disregard to OFT and DPA.

 

Sadly, I enjoy the conflict and relative ease of winding his Irish snarl into a rant. Best tactic is to get him to keep repeating what he's just said and throwing his insults, ie. 'you're a liar' back at him in true petty playground fashion. Ringing him a few times a day for a general chat is my next tactic and if he's not available leaving him messages to call back on premium rate numbers.

 

Just wanted to know if anyone else has had dealings with this parasite and how you go about reporting him on a more official level. As much as I enjoy my new friendship with 'Gerry', I can't see us lasting!

Gerry McGuire is a nasty person. He rang me on Monday and threatened to call me at work. I told him I was at work and could not take his call, (He rang on my mobile). The boss went out so I rang him back he called me a liar and I told him to shut up and listen I explained that the boss had gone out which was why I was able to return his call. I said I could not take calls at work and would ring him on my day off (Tuesday).

On tuesday I rang PTP and spoke to Angela I explained the situation and she has extended my loan till the end of July. I will be able to pay this then and will never deal with PTP or any other pay day loan company again

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Have included the contract (minus personal details) so that others may compare/offer advice on the legalities of the agreement and the common myth that an office in Malta gives them the right to do as they please.

 

Check out the highlighted areas, one which states that you agree to communicate by e-mail, I guess that means that under contract you are under no obligation to return any of their calls.

 

The terms and conditions of the credit agreement and the broker agreement are as follows:

1. The credit agreement is made between us, the creditor and you, the debtor named above on the terms set out above and below. The credit agreement comes

into force when it is signed and dated by the creditor.

2. The broker agreement is made between the broker and you, the debtor named above on the terms set out above and below. The broker agreement comes into

force when it is signed and dated by the broker.

3. The credit agreement has been introduced to the creditor by Northway Broker Ltd. trading as Pounds Till Payday, acting as your credit broker of Level 8 Suite, 3

Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta, whose e mail address is customercare@poundstillpayday.co.uk

4. In the credit agreement and broker agreement reference to;

a. "The broker" means Northway Broker Ltd..

b. "Cancellation Event" means the date upon which you exercise your right to cancel under clause 10 below.

c. "E mail address" and "e mail addresses" shall be either or both of the e mail addresses specified in the agreement above and any change of e mail

address notified from time to time by either party to the other.

d. "The parties" mean the parties to the credit agreement and the broker agreement.

e. "Payment Date" means the payment date shown in the Key Financial Information section above.

f. "Payment Due" means the total amount payable shown in the Key Financial Information section above together with any sum due under clause 12

below.

g. "Your Account" means the account of a bank or other financial institution whose details (including debit card details) you have provided to us at the time

of your application or provide at a later time with a view to sufficient funds being deposited in that account by you to enable us to take the Payment Due

from you.

5. The credit agreement and broker agreement and all other communications between the parties are to be provided by way of electronic means (except where

provided otherwise by any statutory provision). By signing the credit agreement and the broker agreement you agree to

a. receive all communications from the creditor and broker and to send all communications to them by electronic mail at the e mail addresses notified.

b. notify the creditor immediately in the event that you

i. Change your e mail address (in which case you must notify us of your new e mail address),

ii. No longer have an e mail address or have no means of receiving any electronic mail from the creditor.

6. You agree to pay to the creditor the Payment Due on the Payment Date. You authorise the creditor to take from your account at any time on or after the

Payment Date the Payment Due (or, at the creditor's discretion, any part of the payment due).

7. The fee payable to the Broker will be collected by the creditor from the payment due on the Payment Date.

8. All sums owed under the credit agreement shall become due and payable immediately upon the creditor giving you notice if

a. you have provided the creditor or broker with any false information when you entered into the credit or broker agreement, or

b. a statutory demand is served on you or any other steps are taken by you or any person to make you bankrupt, or.

c. The events in clause 5 b) ii above occur

9. You must inform the creditor in writing within fourteen days of any change of name, postal address, job or any other circumstances relating to your ability to

discharge you liability under the credit agreement.

10. You have a right to cancel the credit agreement within 14 days commencing on the day after the creditor gives you the loan. If you wish to cancel the credit

agreement you can do so by the following means

a. By sending a notice to the creditor in writing at Level 8 Suite, 3 Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta or Suite 39, Unit 4, Old

Down Business Park, Emborough, Radstock BA3 4FG, UK. If you send a notice by post, then your notice will be taken to have been given on the day it

was posted.

b. By leaving the notice at Level 8 Suite 3, Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta or Suite 39, Unit 4, Old Down Business Park,

Emborough, Radstock BA3 4FG, UK

c. By sending a notice to the creditor by electronic e mail at customercare@poundstillpayday.co.uk

d. By sending the creditor a notice by fax at 08000 66 45 27

11. If you decide to cancel the credit agreement you will have to repay to the creditor as soon as possible and in any event within a period not exceeding 30 days

from the day of the cancellation event

a. (subject to b) below) the total of the following:

i. the amount of credit stated above, plus

ii. 50% of the loan fee and

iii. 50% of the broker fee (which the creditor shall collect on behalf of the broker).

b. the total amount payable, where the sums referred to in clause 11 a) above are not repaid by the payment date.

The creditor shall notify you of the amount payable by you under this section upon receipt of your cancellation notice.

12. You may also be liable for any other reasonable costs and charges that we incur or pay to a third party, including collection agency fees and legal costs which

arise out of your breach of the credit agreement and any costs we may incur if we have to trace you. Such costs or charges will be payable by you upon demand

being made by the creditor.

13. The "creditor" shall include any successors in title or assignees of the creditor. The creditor may transfer its rights and responsibilities under the credit

agreement (in whole or in part) to another person or may appoint any third party as agent to take any steps on its behalf to recover any payment due under the

credit agreement.

14. The credit agreement and the broker agreement are governed by English Law

15. The creditor is licenced by the Office of Fair Trading of Craven House, 40 Uxbridge Road, Ealing, London W5 2BS. Our consumer credit licence number is

574990

16. The broker is licenced by the Office of Fair Trading of Craven House, 40 Uxbridge Road, Ealing, London W5 2BS. Our consumer credit licence number is

574988

17. Both the creditor and the broker are members of the Consumer Credit Trade Association (CCTA) and subscribe to its code of conduct. The CCTA operates a

reconciliation service and arbitration scheme for customers who cannot resolve a complaint with member firms. You will be given details of this scheme if any

complaint you may have cannot be resolved.

18. All terms and conditions, correspondence and any communication from the creditor or the broker will be in English.

19. You should be aware of the possibility that other taxes or costs may exist in addition to the sums referred to in the credit or broker agreement which are not a

condition of the loan or broker agreement or imposed by the creditor or broker.

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