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    • So they have not actually issued a Court claim yet ? If they did that, then it would enable you time to seek advice, defend, go through mediation and then come to an affordable repayment arrangement. They are just trying to frighten you into finding ways to come up with money to pay them.   In regard to Solicitors/legal fees, you would need to check the leasehold agreement, which should include details of the ground rent/maintenance arrangement with a management company. The leasehold agreement you sign may make you liable for reasonable legal fees incurred by the management company.    If you can afford to pay the ground rent element, then that might be a sensible thing to do and pay this to the management company directly.   Do you have financial breakdown information showing how much is ground rent, what the maintenance fees cover, how much is management companies fees etc? You are entitled to this information, so should ask the management company for it.   Have you contacted your local Council Authority about help available ? Depending on your financial situation, there may be help available.  Government  have provided Councils with extra money to help those who have suffered financially because of Covid. There are discretionary Housing funds that you can apply for.          
    • 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.    
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lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!


wendyboats
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Trustee who also has her own solicitors fees added was also appointed by lowells. :|

 

Sorry, not sure if this has been addressed and I don't know if its relevant.... But the claimant appoints the Trustee??

 

Is there not an independant body of Trustees appointed by the court??

 

Maybe not and just want to make sure everything is considered.

 

A

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The Trustee was appointed by Lowells and is as cunning as them and cares less about us and she has held back telling me i had PPI and other information i asked for in July last year, then when i wrote to capone 3 weeks ago they sent the reply to her and she sent it to me saying any PPI payment would go to her anyway !!

 

My ex husband is fuming as no one contacted him before action but as soon as trustee was appointed she phoned him and gave him option to by my equity or risk loosing his house, They locked horns and it got quite nasty she very glibly told him she had repossessed 16 homes last year and she can and will repossess his!

 

He has put a lot into the house far far more than i.

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I don't know enough about bankruptcy, but the Official Receiver is involved in every bankruptcy and I don't understand how the Trustee can be appointed by Lowells. I thought the Court appointed a Trustee as Alloyz says above.

 

A Trustee in a bankruptcy is appointed to represent the interests of ALL creditors; they can't work for just one. Were any other creditors informed of your bankruptcy?

 

I am wondering if you should call the Insolvency Service helpline. Have you tried them before?

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She put it in the Gazette in london and as far as i am aware i have never been told there are more and my understanding is there is only so long for other creditors to claim.

 

As far as i understand it LOWELLS appointed her and she has stated many times she works for them. I did find it strange that with me living in southampton it was strange to have a Trustee in leeds but then on discovering the server who was told it was ok by the judge to just stick it in my letter box also was appointed by Lowells and i understand also comes from leeds.

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When this nightmare began i met the insolvency man based here, and when i couldn't get any information regarding what the debts were for he helped me alot, I had cause to email him 3-4 times but apparently they're not meant to assist Bankrupt really but they assist the trustee?

 

When i went to court to try and annul this they used a local solicitors to represent them, but i was stunned to learn the Trustee was due to come from leeds to be a witness but did not turn up in the end, all very bizza

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The county court judgement was 6 June 2012 at 11. am and lasted 20 mins.

I found out when the letters started coming from land registry department and insolvency letters and the the phone call from the Trustee in Leeds letting me know she wanted my equity in my half of property.

 

 

 

Ok so the original CCJ was granted in June 2012, what date did you find out about it or were you aware of the CCJ hearing at the time?

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The first we knew i had been made Bankrupt was about 2 weeks after when all the letters came through the door. i never received any letters as i was not living there at time

 

The judge did comment that i should have changed my postal address but the situation was day to day week to week and it turned into 4 months !

 

I have contacted Law works via internet site with details so hope to hear back tomorrow

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Make sure you are totally happy with the solicitor. Did you get one through Law Works? They are usually good. Make sure they are experienced in this kind of case.

 

If the solicitor is not 100% confident they can get this sorted out then you need to get someone else. You will get one shot at this so you must get someone really good and experienced who is willing to take on that judge if necessary. You need a real fighter here.

 

Hope to hear good news later.

 

DDx

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Hi Daniella yes i did so a BIG BIG:clap2: Thank you for that ! it took awhile to give all info but it was worth it.

I am waiting to get a call although i expect it will be monday now as it takes 1 working day for them to find the best one.

 

I will be making a small donation next week for all the advice and support given to me so far, all i can say is thank god fore this site you are all fantastic :hail:

 

I have not slept properly since my annulment case failed, but i can see now why it did and people need to know what's right and wrong and you guys do that so thanks again :love:

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Hi wendyboats,

 

We are all very happy to help you. What has happened to you is so appalling. It's jaw-dropping, for want of a better word.

 

I hope the new solicitor can sort it out for you. It's terrifying that an alleged debt of £1,500 ish can result in someone about to lose their home.

 

Keep fighting. We are right with you. :-)

 

DD

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After waiting for call fom solicitor just received email from her saying she will have to ring me on Monday after 10.30am !!:Cry:

 

Disappointed as got to wait all weekend, but i guess its ok because at least i know now i can get a good Lawyer on my case :dance:

 

Still i got weekend to look on here and put it all in perspective and remember i'm not the only one with problems xx:wink:

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