Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

  • Recommended Topics

lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!


wendyboats
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1387 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

  • Replies 1.4k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.

Edited by wendyboats
spelling
Link to post
Share on other sites

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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:

Link to post
Share on other sites

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

Link to post
Share on other sites

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:

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...