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    • I'm afraid I think I would blitz it so as well as emailing the people you have just messaged, I would send messages out to everyone else. Part of the point is to engage in a campaign say that you disturb everyone. As the landlord has given a "care of" address, I think you could reasonably use that the service of proceedings if you need to. However I suggest that you check on the land registry web search and you may get more information. I'm quite sure that your tenancy agreement entitles you to peaceable enjoyment of your property and so from that point of view – yes there's probably breach. Also, do you have gas central heating and is there a gas safety certificate? Is there an electrical safety certificate? Are there smoke alarms? I think you should start going through the Internet and see what are the obligations of a commercial landlord in the circumstances and get a checklist and see what's missing. Now the time to cause trouble. However, don't forget that this will put you in conflict with your landlord and I expect there will be looking to get you out. When you moved in did you take pictures of the condition of the property? I should start taking pictures now – because if you do end up moving out either because he says you notice or else because you simply decide to up sticks, I can imagine that with this kind of attitude they may be some conflict over the condition of the property and therefore some conflict in respect of obtaining the return of your deposit or at least being refunded all of it. I'm afraid that you need to gear up here.
    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.   Thanks  
    • Latest info      Creditor Claims Of £535,636,017  This is the extent of the damage Wonga has caused... I hope this serves as a lesson to everyone. Please steer clear of PDLs.
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rakehell247

Lloyd's close Business Account without warning

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We are a small partnership and had one account with Lloyds.

 

With all the troubles with the economy and late payments from our customers we used the £4,000.00 overdraft facility, every month.

 

We kept in contact with our business manager and had a good working relationship. He left at the end of November and actually asked a reference from us.

 

Recently, the business had started to pick up and we managed to reduce the overdraft. The final deposit made was a bank transfer of £1,200.00 for goods sold.

 

We found out yesterday that our account had been closed and the new business manager is claiming that a letter had been sent, back in October.

 

There are no letters that can be found. If we had known, we would have made other arrangements and certainly made sure that the money was sent to another account.

 

From what I gather this happened during the 1990's when the banks closed many accounts and started the recession. The banks are exacerbating the problem by these practices.

 

Has anyone else encountered the same problem?

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Guest wino

I put in a complaint about our business manager at Lloyds about some problems with our account (The bank lost thousands of £s from our account!) and the way they were dealt with or should I say not dealt with.

 

We received a letter giving us notice that they were closeing our other accounts for a completly seperate business. We ran the accounts well and were never overdrawn or used an overdraft.

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Hello rakehell247!

 

Sorry to hear this. Banks are not to be trusted, full stop.

 

If you are a Partnership (same applies to Sole Traders), then there is nothing to stop you using Private Accounts. There is no need to use a Business Account.

 

They are less expensive on charges, and you are also better protected, on the whole, because Private Accounts are better protected by Consumer Legislation...not a lot, but certainly more protection than you get from a Business Account (ask anyone with a Business Account trying to reclaim Charges at the moment why that may be so!).

 

If you are a Husband & Wife Partnership, even better, just use a Joint Private Account. Your Business will be you Trading As, so no real problem at all if so.

 

My advice would be to open a few Accounts, spread them around, and make sure they all have on-line banking. Keep money moving, and never rely upon just one Account.

 

If your Debt Rating is such that you can get a Business Account, then get one if you feel you need it, then get another one somewhere else, so this won't catch you out ever again.

 

I do know it is hard, but start building Cash, and try to forget about Overdrafts and financing anything via Debt. It is the best strategy in the longer term, and you will not regret it once you hack the jump from being Debt based, to being Cash based and operating in the black.

 

The added bonus is this will all gradually help to starve the Debt Industry of the very thing it needs to survive. If everyone adopted this frame of mind, we'd all be far better off. Eventually, we might just shake off the army of parasites that currently gorge on the main economy.

 

They think we need them, whereas we know we don't need them. The mess they have caused is ample evidence of that.

 

I hope this helps.

 

Cheers,

BRW

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In our case it was a few mistakes on our part.

 

New showroom and not actively pursuing the previous business partner who had stolen money from the company.

 

When we did, we hired Harbottle and Lewis, who was supposed to take it on a no win, no fee basis. We did not realise how long they would take.

Hired them on December 2008 and in all that one year, they produced:

two letters,

one Barristers report, (£1400+ costs to us)

and two statutory demands.

 

We had already paid about £5,000 and they presented a bill totalling £11,000.00. Didn't realise:

a 6 minute phone call would cost £26.50,

reading an email is £43.00

or a two hour meeting would cost £731.00.

 

 

They even charged us £300.00 for a Company's House Report we already provided.

 

We sent a letter complaining and they simply replied that they will no longer be working for us. They will be keeping all copies of their work and will pursue for the rest of their money.

 

We now have had to hire another litigation firm and will probably have to sue Harbottle and Lewis.

 

Should find out a bit more regarding their charges and whether what they did was completely legal or we were given poor service.

 

Perhaps I should start another thread regarding our so-called law firm. :mad:

 

Are there sub-forums complaining about law firms?

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Update on closed bank account:

 

We've called the Banking ombudsman and complained about Lloyds Bank.

 

We also provided the email from the previous business advisor stating that we were good customers, wishing us success in the business and asking for a reference.

 

The fact that there were no records sent and that they closed the account immediately after money (£1,200.00) was transfered. looks suspicious.

 

It has limited our cash flow and will have to wait till next week before a new account is opened under the business name. We can't even deposit on our personal accounts as the cheques are "pay to account name" only.

 

All our transactions will take a week before we can process and that will hurt us during this December.

 

Unfortunately, it will take three months to resolve.

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Guest Alison82

^^ :( Sorry to hear that rakehell247

 

 

I have just opened a business account with lloyds, I don't require any overdrafts or loans, i hope it will be ok. I might ring my b manager and find out whats going on!

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I am so glad we moved our business away from lloyds.

 

I've posted somewhere else on here a comment form my business manager when I asked him what I do for a living or what my business does.

 

His answer was, "I am sorry.............I don't have that information"!!!

 

And to think we virtually own that bank.....:mad:

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Hi,

 

We have just had our Business account closed without warning. We have a small charity and it is depending on individual monthly donations. We just found out about the problem after some donors informed us that their donations have been bounced back. Lloyds sent a cheque with the Charity name. Well, where can you use the cheque if you do not have any other accounts? Is there anything we can do?

 

ZMH8888

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Hello:

 

Only thing we could do was use our personal accounts and have our invoices reflect that change.

 

How can they close an account for a charity??? Can you open another?

THey didn't send a warning letter?

 

If banks are using the same tactics they used in the 1990's, closing bank accounts, we could see more businesses go under in a few months.

 

You should complain to the banking ombudsman as well.

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Guest wino
Hi,

 

We have just had our Business account closed without warning. We have a small charity and it is depending on individual monthly donations. We just found out about the problem after some donors informed us that their donations have been bounced back. Lloyds sent a cheque with the Charity name. Well, where can you use the cheque if you do not have any other accounts? Is there anything we can do?

 

ZMH8888

 

Have you asked Lloyds for an explanation?

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Hi there Ive just had 3 business accounts closed ! I've still got 2 ! You can run things through a private account but its not as easy with trading names etc...

HOWEVER if you look at the Lending Code - used to be Business Banking Code there is exactly same protection for businesses as with private banking code and FOS can deal with matters arising under it, Failure to notify with reasonable time can give rise to damages for loss of reputation - which is all handled free by FOS so no need for rip off lawyers it may not get the account opened again although I think that may also be possible too if you cant go anywhere else -

so its definitely not a lost cause ! Though it wont progress quickly but you also have the pleasure of knowing the banks don't like the FOS finding against them -

 

Anyone on here got any knowledge of banks calling in secured loans when not in default ?

 

I bank also with Barclays and am in default they have told me as soon as defaults rectified full banking facilities can be resumed - seems a different sort of approach to Lloyds -

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Hi,

 

So far there is no explanation from Lloyds. We have been the branch where the staff checked on the computer and all they can say/do is to tell us that the account no longer exist. We rang them and they redirected the calls to different people who are useless.

 

We are going to make a complaint.

 

Thank you for your advice.

 

ZMH8888

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Good luck with the complaint. The complaints department at Lloyds is next to useless but unfortunately you have to go through the procedure b efore you can go to the ombudsman:mad:

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Update:

 

Went to another bank to open another business account. When they found out that our Lloyds Business account had been closed, they did not want to know.

 

We called in to our branch of Lloyds bank to see what we could do.

 

We were advised to send a letter of complaint and when we called the next day, found out that the business manager was on holiday.

 

The lady we spoke to checked the details and found that business manager had lied about the situation. No letter was sent informing us of the business account being closed.

 

We can use the account, but they might take the money to cover the rest of our overdraft.

 

She agreed that it was a wrong move on the business manager's part and have no idea why she would such a thing.

 

It has now become a formal complaint.

 

Hope to get it sorted soon.

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Hi rakehell , :)

 

If you've got the use of the account back now ..... then why not quickly open an account with another bank and start getting funds into it (you can honestly say that your Lloyds account is still operating , but you want to spread your funds around (diversify is always a good word !)..

 

That way they can't use 'right of set-off' to plunder your Income ..... then you can address the overdraft at your convenience .... not theirs .... while awaiting the outcome of your complaint ...


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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