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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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hsbc various debts to them inc managed loan


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hi guys

 

i wonder if you lot could give me a pointer please?

 

i have about 4 companies which have failed to supply my cca. all of them were sent the request with the £1 in december. some have just not replied and have ceased action so far, and the others are saying we wont pursue, but are going to leave a default on your record.

 

is this something i can reasonably fight with them? and if so can you point me in the right direction of how to do so please? :confused:

 

thanks:-)

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Ok, if they can't produce the original agreement then as you probably know the debt is unenforceable.

Also because they cannot produce the agreement then there is no record

that you have given your permission to process your details. Now one of the

stipulations made by the credit reference agencies to their clients is that

before posting details with the CRAs, they must have the permission of the

debtor to process their data.

 

So, 1] the creditor does not have your permission to pass your details on

to anyone, so they should remove any info they have passed on to CRAs.

and 2'] even if they won't accept that, then both they and the CRas must

accept that your details must be deleted from your credit file.

 

Write to the ones who won't remove your default and ask them if they agree

that they must have your permission before passing on your details to CRAs.

Then ask them to provide proof that you have given your permission.

 

Just do that to start with and let us know the outcome.

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LFI's idea is good as an initial approach on this. If it doesn't work let us know and we can propose a more aggressive approach under The Data Protection Act 1998.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thank you very much for your advice, i am going to do as you said, going to a caravan on the coast tomorrow so as soon as im back in a week thats what i'll see to first. so glad to have that question off my mind before i go!! thanks again :)

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You're very welcome :)

 

Enjoy your holiday.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 4 weeks later...

ive had a managed loan for 5 years with hsbc. half of the total loan was made up from charges. i have reclaimed these charges, but my next gripe with this loan is the fact that they have been adding interest onto the account total from day 1, meaning ive been paying them interest on these charges, if that makes sense? this is probably something i would be pursuing if i wasnt raging angry about the whole managed loan thing in the first place! anyway, had the final demand from hsbc, and not long after a letter telling me that in order to consider my request i need a breakdown of amounts claimed and a total figure. i am planning on using the total figure of the loan, based on not knowing what amount the loan should actually have been, since they wont disclose their actual costs. now, im wondering if i threaten court, would they wipe the loan to avoid being forced to reveal the true cost of being overdrawn, bouncing a cheque etc?? found out today account is now with DCA, so planning on sending them a copy of letter i send to hsbc.

 

any advice on wording, any legalitites and 'posh phrases' i could include?

 

thanks guys, and also, has anyone seen or heard from turnaround???:confused:

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Hi, :)

 

Hang fire with hsbc for now, and concentrate on the DCA. Has the DCA in question written to you and stated they now own the debt?

 

If so, then CCA them and see what turns up. I think you know what course to take from there, and going forwards you might find they cant enforce it………

 

In respect of hsbc, when you claimed back the charges did you include the interest, and at what rate within your claim. If you do need to establish the true amount out standing, simply ask for a "statement of Account" or S.A.R - (Subject Access Request) them.

 

As Always……

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I too have a managed loan, when i went to Payplan, my payments to HSBC now go through Metropolitan Collection Services.

 

I sent my CCA to HSBC, dont know if that is correct, but when they defaulted on my agreement i then sent Metropolitan a letter keeping them in the loop.

 

Thread and letters are here http://www.consumeractiongroup.co.uk/forum/general-debt/101738-hsbc-managed-loan-cca.html

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Hey, thanks TA, CCA being prepared tonight. what comes next if they do comply with cca?

 

Wednesday - yes Metropolitan are dealing with my managed loan too. are you still paing them now that hsbc defaulted?

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Wednesday - yes Metropolitan are dealing with my managed loan too. are you still paing them now that hsbc defaulted?

 

 

Nope ive contacted Payplan and told them to stop payments, the payments to HSBC are now split between other creditors :) .

 

In my last letter to HSBC, i told them i was stopping payments, regarding Metropolitan, i havent contacted them at all, so thought it was time just to send them a letter, keeping them in the loop as it were, both letters are in my thread.

 

Im not sure if my last payment was stopped in time, to stop them getting paid this month, nether the less they know next months wont :)

 

About the agreement, im sure i did it all over the phone and didnt sign anything, could be wrong tho, ive got a shocking memory :D

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Hi Me+ :)

 

From your posts, I take it Metropolitan DCA are trying to recover the debt. CCA the DCA, wait the prescribed time limits, if they don’t supply the agreement then they can’t pursue it any further without the courts permission.

 

IF they do produce anything carefully examine it, and if unsure post the alleged agreement via photobucket, minus personal details and we will advise.

 

If you are paying hsbc at the moment, I would suggest you stop as it would appear they have sold the debt onto Metropolitan.

 

Just be patient, and wait the time limits and keep us updated.

 

Wednesday……CCA Metropolitan, as this will form the basis of your rights under the Consumer Credit Act. If you do you gain full control over the situation and they dance to your tune. ;)

 

As Always

 

Turnaround

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Wednesday……CCA Metropolitan, as this will form the basis of your rights under the Consumer Credit Act. If you do you gain full control over the situation and they dance to your tune

 

Ive already told them ive stopped payments tho, so that would contradict what ive already told them?

 

According to my credit file, HSBC still own the debt and Metropolitan are just collecting it, so i saw it more a case of bypassing the monkey and going straight to the organ grinder, but if you think i should CCA Metropolitan i will. Question being, i then will be dealing with 2 companies over 1 debt, so when i pursue the interest and default removal, i still go at HSBC?

 

Thanks

 

Sorry for this me n my kids :p:)

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Funnily enough i received this from Metropolitan today:

 

"Thank you for your letter dated XX July 2007

 

We can confirm that we have ordered a copy of the agreement for your account. Once we have received this we will forward it to you."

 

See if that changes anything :)

 

Thread passed back to me n my kids, only chiped in to try and help and seems i took over for a while, apologies :)

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Wednesday - please dont be sorry, its interesting and encouraging to read of other peoples stories on here, and you do seem to be going through something very similar to myself. im so sick of hsbc and their messed up ways. i had a reply on my cca from hsbc, but im sending one to the DCA in the morning anyway and if nothing else it will get me more time. :)

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Wednesday - please dont be sorry, its interesting and encouraging to read of other peoples stories on here

 

 

Ok no worries, pass on info when and where i can :)

 

 

i had a reply on my cca from hsbc, but im sending one to the DCA in the morning anyway and if nothing else it will get me more time. :)

 

Did you receive an agreement?

 

Does it have everything it needs to be enforced?

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unfortunatly i think it does. its 4 pages long. it doesnt say TOTAL COST OF CREDIT - which according to this - http://www.coveritup.co.uk/usefuldocs/OFT_cancellable_agreement.pdf

 

its meant to. but im not 100% sure, i think im going to need a legal eagle's advice after the CCA has been sorted for the DCA. another thing. no deed of assignment either. nothing apart from Pay Us Now letter.

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Wednesday….. Thanks for the follow up.

 

As you have now stated that Metropolitan are just "collecting" and has not purchased the debt, then there is no real requirement to send the CCA.

 

I would also confirm that "Josie8" is currently offering excellent guidance on your other thread.

 

Good Luck and Regards

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hiya i really hope someone can help me ive gotton all worked up about this its driving me nuts, this is the first place ive come for some help before i completely blow up!!

 

so ive posted before that i have this managed loan. letter came last week from metropolitan DCA. i replied with cca and £1PO. today i have had another letter (think they crossed in post judging by date of postmark) they have conducted enquires and know i still live here, and know that my number is ex directory. (omg i feel violated.... exageration maybe i just got a shock but jeezo!)

 

anyway ive worked this out.... Total Loan was for £3,500. Total Paid... £2,620, amount outstanding that they claim...... £2,500

 

do you think theres anything i can do about this? ive not spoken to them on the phone, although thank god they are shut now, i nearly rang and screamed at them but decided not to!!

 

Some of the loan was made from charges which i have had back, however, ive been paying interest on the charges since the loan was taken out. after what ive paid, £880 should be outstanding... roughly the amount of interest charged on charges for past 5 years of the debt maybe???

 

anyway sorry for waffling but please please if you can help me id be forever in your debt. (sorry, no pun there intended)

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Don't worry, whatever you do don't phone them. Sit tight and wait to see what comes back re the agreement. If they don't produce the agreement then the debt would be unenforceable anyway. If a signed agreement does come back then you could do a SAR request to see what charges have been levied and then you set about claiming these back.

 

In the meantime, just relax, don't let these DCA's wind you up. I am sure if they had your number they would have rung you. Just do not speak to them. Do not sign any letters either.

 

good luck

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