Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi,  I'm new here, and hoping that this is the right place to post this.   I applied for pip and was awarded standard mobility (10 points).  I did an M.R. but got the same result. They acknowledge that I can't leave my house without having someone with me. They accept that I'm not completely housebound as I go out to appointments, which are not a regular occurrence, they also said that they can't award me enhanced because I'm not out most days.  Is this correct?  Surely it shouldn't matter how often I go out? 
    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
BlurredFX

Count Court Action by the Management Company (Housing)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3998 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I will post docs later when I can.

 

I have recently been in receipt of a CC Claim from the company that manages the communal areas of my flat (it is mortgaged to me).

 

I was thinking that I need to ask them for all the documents using a CPR request. Will the standard one do for this? This is not the usual Creditor/Debtor situation that often comes up on here.

 

Are their procedures they must follow before issuing County Court action? Because they certainly have not. The odd letter, with my name totally wrong on it, but nothing else of any substance.

 

The management company are actually taking me to Court on behalf of the company that employs them, which I am a shareholder!!! The Director of that company has not instructed them to take this course of action. He as asked them for copies of their paperwork (informally) and they have told him they are going to look for it.

 

I suspect, due to their continued mal-administration, that they will struggle to produce anything that authorises them to do anything.

 

Any thoughts? As I said I will post copies of the Court Claim later.

Share this post


Link to post
Share on other sites

FX,

 

What does the claim seek? I assume for the moment that it is a claim in contract for money, say some form of service charge, and that the Claimant alleges you are in breach of the agreement, most probably a lease. If so and for a kick off I should want to see the lease or other contract, and any other document mentioned in the Particulars of Claim. That would be a way of ascertaining what the claim is about if, as you say, this claim has come as a complete surprise to you.

 

On the matter of whether proceedings were authorised, this is a question of fact. There is either authority or there is no authority. I do not understand as yet the relationship between the company which has sued you and the company you say 'employs' the company which sued you. Can we have some more info in that regard.

 

x20

Share this post


Link to post
Share on other sites

OK, lets try some links.

 

I am thinking I will be needing to do something along the lines of TomTerms guide...

 

th_Page1-clean.jpg

 

th_Page2-Clean.jpg

 

These are the very vague POC that they submitted, on a photocopied form, and I received a copy stapled to the normal blue Response Pack

Share this post


Link to post
Share on other sites

getting a tad confused, the poc etc is to do with service charges, however image 3 is from hamtons re 1st credit

 

If the issue is the poc then I would send a cpr to get the exact details of these service charges and their breakdwon.

 

I assume that you purchase a leasehold on this property and they are tasked to maintain it. is there a yealy fee that you pay, if so why the extra charges


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites
What does the claim seek? I assume for the moment that it is a claim in contract for money, say some form of service charge, and that the Claimant alleges you are in breach of the agreement, most probably a lease.

Correct.

 

On the matter of whether proceedings were authorised, this is a question of fact. There is either authority or there is no authority. I do not understand as yet the relationship between the company which has sued you and the company you say 'employs' the company which sued you. Can we have some more info in that regard.

 

There is a company set up, of which I am told I am a shareholder, called "XXX Management Limited" - which employs (YYY Property Management Ltd) to manage the insurance, window cleaning and up-keep of the communal areas.

 

I have spoken to the Director of XXX Management (my comapny as it were) and he is as in the dark as I am. He has requested documents from them as he "doesn't know what I am a Director of" - and advised them to back off. I am unsure if they will.

 

I will speak to him later to see if he has had any more feedback.

Share this post


Link to post
Share on other sites

getting a tad confused, the poc etc is to do with service charges, however image 3 is from hamtons re 1st credit

 

I have removed that. Sorry for the confusion. That was a different battle - that I won!

 

I assume that you purchase a leasehold on this property and they are tasked to maintain it. is there a yealy fee that you pay, if so why the extra charges

 

You assume correctly, except that the fees are administered monthly.

 

Are the CPR rules universal accross the Courts? Can i request all their info via the CPR and if so, will the Intri to Litigation by TT have something I can work on?

Share this post


Link to post
Share on other sites

Hi Guys,

 

Just re-read the thread - for clarity - I owe this money, and I owe it to my neighbours, and it needs to be paid.

 

The management company has unilaterally elected to choose this course of action without consulting anyone from our block of flats. My neighbours know of my financial plight, and are OK with it. They do not want the action to proceed. But, I am hoping not to let the management co get a CCJ against me due to either my own inaction, or that of my neighbours.

 

My aim is to stall any action until I get get it resolved with the neighbours, and then get it stopped. It would be nice to have a decent case to have it thrown out if needs be.

 

I am thinking this is a start for my first letter: (It is TomTerms basic guide, but modified).

 

Also, what is section69 all about and can they claim it in this case?

 

In the Southport County Court

Claimant -v- BlurredFX

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the all the documents you intend to rely upon in Court.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company.

 

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

c. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

 

 

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of your claim.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

 

Any thoughts?:???:

Share this post


Link to post
Share on other sites

Any

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...