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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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Lowell Group after me for debt from back in 2007 !!


Mady
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I assume that you sent the SAR by Recorde Delivery and have printed off a receipt of delivery. If so, then you can claim the Account is in dispute, but you must report this to the ICO: Forward the Sars date and notice of receipt to [email protected]. uk along with a letter of complaint

 

Is there template for complaint letter?? sould they respond to the SAR within 40 calender days or 40 working days??????

please help

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It is 40 calender days in which they have to reply to a SAR.

If they fail to respond within that time, then send them a Letter Before Action (LBA) and give them a further 7 to 14 days in which to respond to the order or you will forward your complaint onto the ICO . If they are still so foolish as to not respond then make a formal complaint to the ICO.

 

There is no template as such, but keep it succinct and short,

 

Dear Sir/madam

 

On the dd/mm/yyyy I sent you a SAR, which you have failed to comply with in the statutory time period laid down.

I will therefore allow you a further 14 days in which to comply with my legal request for this information before escalating this to the ICO for their investigation and suitable fine.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi guys,

 

yesterday i received my SAR from T-Mobile but its was only copy of bills!! they didnt send any contarct....

 

Please advise me what to do next

 

attached is the cover letter1st%20page.jpg

1st page.jpg

2nd page.jpg

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Images are too small to read, you should make sure you allow for the time period to pass before assuming thats all they are going to send you

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Hi Mady.

 

There is a fundamental difference between enforcing your rights under the Consumer Credit Act, and doing the same with a mobile phone contract. A mobile phone contract does not provide credit, it is simply a service agreement, so a CCA claim to a network will be met with a reply stating that the arrangement is not regulated under the acts and they cannot assist you further.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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What is your dispute with T-Mobile about or is that you could not afford to pay the bill they sent you ?

 

If you think you have valid reasons to enter into a dispute with T-Mobile, make a complaint using their official process. complaints process link here

 

If you can't afford to pay the bill, then come to arrangement to pay monthly at an amount you can afford. Or if you are not bothered about default on credit record, just ignore them and hope that they don't take this to court. Chances are that there are so many debts out there, that if you don't keep kicking up a fuss, the debt will continued to be chased with letters/phone calls, but with no other action. It is just a case of whether you can be bothered with the hassle. The debt should come off the credit record 6 years from the date you stopped paying, as long as you don't admit to the debt in writing and they don't get a CCJ.

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Try changing the image resolution. Is the problem that the resolution is set too high and it makes it small because it can't show it at the resolution choosen ? Just a theory as I am not a real techie.

We could do with some help from you.

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What is your dispute with T-Mobile about or is that you could not afford to pay the bill they sent you ?

 

 

An answer to that question would help.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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An answer to that question would help. ( What is your dispute with T-Mobile about or is that you could not afford to pay the bill they sent you ? )

 

I agree Mady needs to see whether there is reason to enter into a dispute with T-Mobile.

 

I think they are hoping someone spots something with the attachments they are trying to add, which might help with this. Clutching at straws ?

We could do with some help from you.

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Hi, Mady.

 

Still too small to read, host photos at http://tinypic.com/ and then post a link.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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You can try with an F&F, provided you are happy that the T-Mobile bills are correct and there is no reason to dispute the account. Just because they can't find the contract, does not mean that they would not succeed if they took it to court.

 

If Lowells have bought the debt and it is up to them what F&F is acceptable, then make an offer of say 25% of the amount due and be prepared to up this a bit if required.

 

Just send any F&F headed with 'without prejudice' and make it clear that you require the debt to be noted as satisfied in 'full'. Lowell will tell you that they will only note the debt as partially settled if they agreed to a reduced F&F. You will have to push this with them. Telll them that the F&F money is borrowed from a friend/relative and than any offer from yourself, would be at a low repayment level, due to your financial circumstances. Acceptance of the reduced F&F amount as full settlement would therefore be important in taking the matter forward.

We could do with some help from you.

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You can try with an F&F, provided you are happy that the T-Mobile bills are correct and there is no reason to dispute the account. Just because they can't find the contract, does not mean that they would not succeed if they took it to court.

 

If Lowells have bought the debt and it is up to them what F&F is acceptable, then make an offer of say 25% of the amount due and be prepared to up this a bit if required.

 

Just send any F&F headed with 'without prejudice' and make it clear that you require the debt to be noted as satisfied in 'full'. Lowell will tell you that they will only note the debt as partially settled if they agreed to a reduced F&F. You will have to push this with them. Telll them that the F&F money is borrowed from a friend/relative and than any offer from yourself, would be at a low repayment level, due to your financial circumstances. Acceptance of the reduced F&F amount as full settlement would therefore be important in taking the matter forward.

 

Thanks mate i have sent them a letter with offer of 25% of the debt lets what happens !!

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I went through some post here where Lowell were DCA but can't see them accepting any F&Fs!!! fingers crossed i sent them 1 yesterday..... anyone sent F&F to them and they accepted it??

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  • 3 weeks later...

Hi guys

 

I made F & F settlement of around 25% of my debt but it was rejected today, and instead they gave me options to repay the debt over 2, 3 or 4 years DD otherwise one off payment and get 15% discount ............. what should be my next step guys help plz

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guys what about if i tell them "i am moving abroad for the next 5 years" ................or ........................." accept my offer or i am wont pay you" .........................????

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