Jump to content


  • Tweets

  • Posts

    • are all of these debt owners or were the original creditors aware of your current correct address??   bottom line ..have you moved since taking them out??  
    • AFIAK....there is no such thing as the 6+3yrs rule...………..   the 3yrs only runs from when you reasonably became aware...   now if the creditor wrote to you at the correct address..then so be it... if they didn't then the 3yrs has never started..?????    
    • Hello No need to apolgise, thanks for taking the time to help. So from the above do you think I should go back to them now with that information or just go direct to the FOS?
    • Hi Egawe and welcome to CAG   Firstly, can you please confirm the amount of the suggested admin fee as £12 is lower than previously and normally charged by Harlands/CRS.   Send the letter to Harlands offering to pay the missed fee but no more. As DX says, post the letter.   If they fail to accept the offer, cancel the DD mandate via your bank. And if they use the DD mandate to take any amount in excess of the monthly fees, you can reclaim this using the DD Guarantee Scheme.      
    • Hi All,   I hope I'm posting in the right place.     I have about £40k in unpaid debts (cards, loans etc).   They are pretty much all over £5k and nearing the 6 year since default time frame...   The first is into the final 12 months now... Capquest... £11k, they own the debt.   Ive been expecting collection efforts to step up as the SB line approaches with them all.     The situation is that I could pay these but call me morally bankrupt... Id rather eat you know what at this stage.   If any of the so called creditors look into me they'll see that I'm worth chasing.     Having nearly got to the 6 year since default period I won't allow a judgement to show for another 6 years.   How likely are they to try and get one?     With debts over £5k is small claims not an option for them and will it cost them more to take this to court?     My question is this....... They are offering obviously settlements for less.   Capquest 40% of £11K... Id hate to ignore all this and end up having to pay the full amount as they take it to court.... How likely are they to do this?     If they do will they still take a settlement when proceedings have commenced? (Hence nothing to lose by waiting).   Companies in question are: Intrum Uk Ltd Cabot Credit Management Group Ltd Aarrow Global Ltd    I just notice as I type that Capquest are not noted on my credit file and must be part of Arrow Global.... They have also made subtle threat on their latest letter with the wording "Our additional enquiries have indicated that you are a homeowner at the above address."   Most of the defaults were around 2014 for agreements taken out 2008 -20012.   Original creditors... Halifax, Tesco, Virgin Money.     In Northern Ireland so PAP doesn't apply I think.   Any advice appreciated. Regards Diedebtsdie              
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
anxie12

Are we responsible for these charges (business rates)?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2277 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

Hi All,

 

I am new to this Forum but my husband and I need some help, guidance and/or support please on this very long running, frustrating matter.

 

6 September 2011, the Lease on our business premises expired and the keys were collected by the Agent on the 7 September. We got him to sign for them as confirmation of the end of the Lease because the Landlord had been sending very nasty text disputing the expiry date and demanding more money.

 

8th September 2011, we asked the Agent if we could rent the property for 3 weeks in order to sell off some goods from another business which we had closed down some months ago, at £100/week. It was agreed and he brought us the key. However, later the same day, we cancelled the agreement because we managed to sell everything as a job-lot.

 

At the same time, our decorator (who was in between jobs at the time) said he would repaint the interior walls as we had used silk on them and it should have been matt emulsion. He would do it free of charge. He then got a job but said he would still do it, as promised, when free.

 

We explained all this to the Agent and said it was a gesture of goodwill. He said it was ok and just hand the keys back when the decorator had finished. True to his word, the decorator completed the job a couple of weeks later. We told the Agent who said he would come for the keys but he only came for them on 17th October 2011.

 

We never thought anything more about this until we received a letter (the first of many), from the Landlord himself, from his home address, on 12 January 2012.

 

In his usual inimitable way, he was demanding money for allegedly using his back yard, having our bins under his fire escape, rental for the time the decorator had the key … in total £933.00 and if we didn’t pay, he would sue us for £2,070.00 … the equivalent to 2 months rent of the old Lease.

 

We, of course, responded to each of his points and eventually, told him to stop with his threats and to go ahead and sue us (20 March 2012). We never heard anything more from him although he had told the tenants in the flat above the premises to get us to sort out the problems with their leaking roof!! They themselves reminded him it was not our responsibility but his.

 

It was the beginning of February 2012 when we first received a Council bill for the outstanding business rates for the period 7 Sept – 17 Oct 2011 for a total amount of £889.28. We explained that we were under no Contract whatsoever to the Landlord for that period and the lease had expired on 6 September 2011. They showed little interest and said if we were unable to resolve the matter, the best course of action would be to let the case go the Magistrates Court for them to settle. We said we were Ok with that.

 

We had a summons for 5 October 2012 but when my husband arrived, the officer said he would adjourn it so that both parties could be present. However since then, they seem to have sided with the Landlord. We now have a Liability Order hearing for the 22 February 2013 as “the Landlord and his agent have both provided confirmation that the keys for the premises were not returned until 17 October and, as such you are liable for the empty property charges until that date”

 

We are very surprised that the matter has been allowed to reach this point. We have supplied the Council with written confirmation of the end of the Lease etc. but they have obviously sided with the Landlord.

 

We believe the Landlord is just being vindictive because we did not continue with his Lease – the main reason being he had said he would only increase the rent by £50/month (£600/annum) as he did previously but when the Lease arrived, he had actually increased it by £5K/annum.

 

We moved our business next door which we have spent a great deal on to refurbish to our needs (like we did with his premises) which must have angered him even more hence the unfounded demands for extra money as described above, and the fact that his property was left empty for a very long time.

 

We actually moved out of his premises March 2011 and left them empty and in a much better condition then when we first moved in. The Agent had been round to check everything and if he was not happy, he would not have taken back the key and confirmed the end of the Lease. And why would we leave the property empty for so long and then re-rent it after the lease expires just to paint it? That is their argument and the council believe them.

 

The Agent apparently cannot recall the Verbal Agreement being cancelled but if it hadn’t, surely he would have been in touch with us to collect the agreed rent and not left it to the Landlord to chase 5 months later.

 

We do not have any legal background or knowledge but do not believe we should be liable for these rates based on a Lease which had already expired. Can anyone clarify our position and how we should present our case on the 22 February?

Many thanks.

Share this post


Link to post
Share on other sites

I will flag for the site team for you.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

If they stopped trading on 6th Sept 2011... that's all that is needed assuming notice was given as required by the the Lease.The rest is nonsense you are only responsible for the business rates whilst trading.The LO need challenging and can not be decided on when the keys were handed back.

If the period from Sept 2011 to March 2012 (whilst retaining the keys) prevented the LL from renting the space to new Tenant..that is a separate matter...but nothing to do with Business Rates.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thank you for this. This is also our view but we were worried by the stance of the Council seemingly taking the Landlords side despite our written evidence of the end of the lease.

Share this post


Link to post
Share on other sites

Should we challenge the LO now or wait for the hearing itself?

Share this post


Link to post
Share on other sites

Now it may be to late once it gets to hearing


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

The hearing was this morning and we lost. The reason being we had the keys! We are going to appeal though.

Share this post


Link to post
Share on other sites

I should think you are anxie.........possession of the keys is not a liability to trading.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

The Council said they are not charging us full business rates but rates for empty property. They also gave the Agent a very big hint that he could also now charge us rental for that period. We have been advised that going to Appeal would be very costly and would probably not change the result because we had the keys!! With court costs etc it is already over £900.00 and if the Landlord now charges us rent, it is going to make things very difficult to manage.

 

It all seems so unfair but it has taught us a lesson, and we hope it can serve as a warning to others, especially when dealing with unscrupulous Landlords and their Agents ... Don't hold on to keys, hand them back immediately!! Thanks for your help but I don't think we can take this any further.

Share this post


Link to post
Share on other sites

Wise decision anxie...you cant beat the Rip off Britain culture.:roll:

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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...