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    • Also, in respect of these recent developments concerning the rights of leaseholders and their lessors, I haven't followed it too closely, but aren't you mixing up service charges on one hand with ground rent. I do understand that it seems that landlords are pretty unfettered in terms of the level of ground rent they can apply – but I would have thought that service charges – which represent actual expenditure have to be accounted for. Have I got this wrong?
    • Thank you for all of this information. However, I can imagine that most people won't be able to go through it all – partly because there is so much of it but also because it is presented in a tightly packed block of text. It would be much easier if you would space it properly so that it was presented more accessible way – but then put into a PDF document which could be uploaded onto the forum. That means that people could have a look at it by downloading it and then sizing it to suit their own computer screen and their own convenience. I did ask you how much you had paid in the first cheque which was eventually returned to you – and I'm not sure that you have answered this question yet. If they come round to issuing a claim against you, it could be very important to know this. If you have answered this question already then I'm afraid it's lost in the large bulk of the information you have provided.  
    • FREEHOLDERS BE AWARE!   I have discovered the answer to my question - please read because anyone else out there - until this legal loophole is changed take great care before thinking you will have justice regarding leashold overcharging. Most leases check yours! have a clause whereby they can charge the leasholder whether they win or loose. So like Mr Barclay you might, even if you win the case, have to pay the freeholders legal charges! Criminal ! I am so pleased i spotted this before I defended myself against the unjust bills.    Put simply until the law changes (especially if you are non residential and have no tier tribunal) there is no facility to challenge unreasonable leasehold charges.   Leaseholders to benefit from closure of legal loophole According to figures in The Times 5.3 million (21%) homes in England and Wales are leasehold, meaning the property is not owned outright but is instead ‘leased’ from the freeholder, typically for a lengthy term.   In a leasehold arrangement there will usually be a contract between leaseholder and freeholder which sets out the legal rights and responsibilities of each party. Generally these will be that the freeholder maintains the common parts of the building and the leaseholder pays maintenance fees, service charges and a portion of the buildings insurance.   But what happens if there is a dispute as to those fees or some other matter?   Currently if a leasehold property owner takes the freehold owner of the building to court, a legal loophole means they could be burdened with the opposing party’s legal costs – even if the leaseholder wins. The legal bills involved can amount to tens of thousands of pounds, adding a sting in the tail to any victory.   However, after the Sunday Times launched an investigation and uncovered legal bills being levied of up to £60,000, Secretary of State for Housing, Communities and Local Government James Brokenshire MP has pledged to take action and close the loophole.   The loophole is contained in the majority of leases which typically allow freeholders to recoup their legal costs from leaseholders, even if the freeholder loses the case. There is no parallel right for leaseholders to claim costs back.   The Times reported that last year leasehold owner Richard Barclay successfully recovered £1,200 of a £10,100 service charge from the management company in respect of his central London Flat. But the victory soon turned sour when Barclay was hit with a bill for £61,300 in legal fees by Quadrant Property Management who takes care of the building.   Barclay challenged the costs and the bankruptcy court reduced these by £12,500, but tribunal has ruled that all other costs being challenged are reasonable.   Back in 2015, a similar situation arose when the leasehold owners of 30 flats in West London took the freeholder to court and won a £29,000 discount off their service bill. The managing agent’s bill for legal fees in that case amounted to more than £44,000.   According to the Times, in 2014 / 2015 A2Dominion housing association who managed the block charged its leaseholders £24,167 for legal costs. One year after, FirstPort billed leaseholders of the wider estate £20,160 for what was thought to be the same legal costs.   The Times further reports that in 2017, two leaseholders took A2Dominion to tribunal regarding £12,500 claimed through their service charges for roof repairs. Those costs could have been recouped instead through the buildings insurance policy. This time the money was refunded just before the hearing – but this time the tribunal banned the association from issuing the claimants with a legal bill.   When presented with the details of two of these cases, James Brokenshire responded by stating: “It is the secretary of state’s intention to close the legal loopholes that allow freeholders to unjustifiably recoup legal costs from leaseholders. This will form part of our broader package of leaseholder reforms. We will do this as soon as parliamentary time allows.”   His promise is one of a number put forward by the government – it has also pledged to ban the sale of new build leasehold homes, and to cap ground rents on new leases.   t believes: “… when someone buys a house, it should feel truly their own. House buyers should not be faced with a depreciating lease or a ground rent charge for any other purpose than to pay for the privilege of living in the house they havealready bought.” (October 2018 Consultation)   The Law Commission is currently conducting three sub consultations in this area and the reforms are likely to follow their completion. These are: ·        Leasehold enfranchisement ·        Right to Manage ·        Commonhold   James Brokenshire said he wanted a leasehold market where people were able to challenge. He showed concern for  an inequality of arms that was preventing people from getting the outcomes, fairness and justice that they require.   What can I do if I have a dispute? The first place to look if you have a dispute regarding a charge is your lease. You can only be charged for items listed in the lease so if, for example, there’s no mention of management fees or the cost of improvements, you won’t be liable. If you’re not sure whether your lease allows the charges you’re disputing, ask a solicitor to check it for you.   If you’ve received a service charge demand, check it carefully. It should state the name and address of the landlord at the top (not the managing agent, unless they are also the landlord). The exception to this is if the managing agent is a party to the lease. It should also contain a summary of your rights and obligations which can be found here.   If you believe the certain items are excessive, request a summary that shows how the charge has been worked out and what it will be spent on, with receipts. The freeholder cannot refuse to supply this – to do so can attract a £2,500 fine.   If an item seems too high, get comparable quotes. This will help you demonstrate that the same services could be provided at a significant cost saving. By law the landlord must behave in a ‘reasonable’ manner with regard to its expenditure on the building.   Whilst there is no duty to minimise costs, service charges must be ‘reasonable’ and where the charges relate to works or services, the works or services must be completed to a reasonable standard.   Before you consider making a challenge, speak to neighbours who are in the same boat. They may consider bringing the challenge with you.   You should not stop paying the charges. Instead, write to the management company and provide evidence such as quotations to show that the charges are not reasonable. A solicitor’s letter may carry more weight, particularly as it can set out in legal terms the landlord’s duties regarding charges.   If the management company does not agree with your challenge, mediation may be a good way to resolve the dispute. This involves sitting down with the other party and trying to find a way forward, with the help of a trained mediator. It is typically far cheaper than litigation.   Another option may be to take over the right to manage the development. Speak to a solicitor about whether this may be possible.   The final option is to apply to the first-tier tribunal (England) or the leasehold valuation tribunal (Wales) for a ruling on whether the fees are payable. There’s a £100 application fee and £200 hearing fee in England, or a £50 – £350 application fee and a hearing fee in Wales.   If you are successful, you can ask the tribunal to limit the landlord’s ability to recover its legal costs through the service charge. However, they don’t have to agree to this and you may face a substantial charge.
    • I think you could usefully telephone the Sunderland County Court during the week – maybe Wednesday to find out the progress of the warrant and what date they imagine that they are going to go round and execute it. They might also tell you whether they are preparing to make a visit or whether they are going to do it by letter initially. This kind of information is available – because about 10 years or so ago, we sent the bailiffs into the Royal Bank of Scotland in Camden Town and we managed to get the data in advance and we had the press waiting to report.     https://www.standard.co.uk/hp/front/customer-sends-bailiffs-in-to-seize-bank-s-computers-7197321.html oh how we laughed    
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Digger v HSBC - Victory!!!!


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  • 3 weeks later...

Hi again everybody.

I had a response from HSBC because I forgot the schedule, so I allowed an extra week to pay back. The result: No reaction at all! I am taking the b#!"£$ds to court now. Get a title on tuesday!

I also requested statements from Coop bank, Barclays and Capital One.NO SURRENDER!

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My claim is accepted by the county court, going now into the final round with HSBC. They again offered me a managed loan, what I refused, I am now in contact with CCCS and try to make the best out of it. Also posted request for my statements from Coop bank, Barclays, Capital One and HSBC credit card.

Wish me luck someone, my marriage is at breaking point due to my debts!

NO SURRENDER!

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Here is something good!

HSBC answered today and offered £ 1386 to settle. Theyre letter dated 30/ 08 came with the notice of issue of my claim from the county court from 29/ 08.

it seems I getting somewhere, or not. Any advice from anyone?

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if 1386 is the amount plus 8% plus court fee then thayts the full settlement, cross out any mention of confidentuality, sign it and send it back...

 

if its less than it should be just hang on!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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if 1386 is the amount plus 8% plus court fee then thayts the full settlement, cross out any mention of confidentuality, sign it and send it back...

 

if its less than it should be just hang on!

Thanks Hedgehog.

Thought nobody talks to me anymore. £ 1386 has not included the 8% and court cost, £ 1631 was the right amount + 8%+ court cost+ interrest till its settled! Had the custom letter that they defend the claim, but I don't care!

NO SURRENDER !

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keep fighting you will get it soon good luck

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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Thought nobody talks to me anymore.

 

Sorry Digger! too busy spending my money! if its less than it should be, then maybe write and just let them know..

 

Something like..

Thankyou for your letter dated xxxxxxx, regarding your offer of £xxxx, I will accept this as partial settlement but will be continuing with my court action as registered as of xxxxx(date)

 

But you will probably get a full settlement letter before then...

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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  • 2 weeks later...

Hi everybody!

Over the moon! Got them right where it hurts, by the money! £ 1881.48 back!

A donation to this fabulous website will go out as soon as the money is safe!

I was sceptic at first, with my luck, they defend the claim and pushing time, what they did. But the result? Listen everybody, go for it! Claim your right and dont give in! NO SURRENDER!

Now! Barclaycard, Capital One and Coop Bank, fasten your seatbelts! We are entering a HURRICANE!:D

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  • 2 weeks later...

Hi everyone.

Had a letter today from DG Solicitors, stating that I receive the full payment by cheque within the next 7 days.

I attached a separate letter to the agreement( confidentiality bit crossed out ), asking for it and it worked. Now they cant get theyre greedy paws on it and we got money, well needed! Probably a good tip for everybody!

I am thrilled to the bone with this success, thanks to everybody for the help given and a Donation to this webside will go out as soon as the cheque clears!

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Its may be helpfull for everybody, this is the letter I wrote to HSBC after they missed every dead line given by me. feel free to use it! Better to hit the Nail on the head, than to strike it!

 

Date:

 

Notice!

 

Dear Mr. Langdale.

 

Ref. xxxxx Account no. xxxxxxx.

 

Thank you for your offer, dated xx/ xx/ xx of £ XXXX to settle my claim for the refund of my bank charges of £ XXXXX against HSBC.

 

I accept this payment as PARTIALY ONLY and will, as you probably allready know by now, claim the reminder separately. I gave you enough time ( legaly required) to correspond with me to settle this matter. More time you're bank is giving customers like me to settle claims from your side.

You ignored given deadlines and forced me to issue a court claim against your bank, that you should have by now, this includes avoidable 8 % interrest and fees.

I hope we can settle this matter soon and avoid any more legal costs and inconvenience for both sides and looking forward to hear from you soon.

 

Yours faithfully,

 

I love the sting in it and they are not GODS, they stink from the same hole than anybody else!

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