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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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Hi All,

 

This website is great!! :p

 

Second 14 day letter sent to HSBC by registered delivery (1st 14 day letter ignored) and today I have received an offer from them.

 

I am claiming just over £2,000 in charges from them and they have offered just over £,1800.

 

Now, from reading forums and watch the TV, I understand that this is a good first offer but would like to know your thoughts. I see that they have ended up paying in full for a lot of claims.

 

Baring in mind how near we are to Xmas, what would you do? Accept their offer or write back to them and demand the full amount and if full amount is not forthcoming they will receive a summons incl extra interest and charges?

 

Off to sleep on it and see what the family think, but would love to hear from you guys in the meantime too.

 

Thanks,

 

GTG. xx

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I see exactly what you mean about it being close to Christmas but really, you've got ages yet in terms of weeks... I would hold out for the full amount if I were you! - It is unexpected money... u didn't know you'd be getting it.. so hold on in there!

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What reason did they give for offering only 90%? Is there a chance you have made an error in your calculations that they have picked up on?

 

If not then I would write back, saying that you accept the offer as part-settlement of your claim, but you will continue to pursue them for the outstanding £200. You will, of course, drop all action should the full amount be available to you, as cleared funds, before your second deadline.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Up to you really. They will pay all of it in the end, so you can choose between getting most of it now or getting all of it + interest if you wait a couple of weeks. As they are legally entitled to charge their actual costs, some may say that 90% is a fair and just offer and a good representation of the money taken unlawfully, others will say, with just as much validity, that they refuse to divulge their actual costs so they should pay the lot. Going on evidance from all the settled claims, they always pay the lot if you hold out for it, usually 2 or 3 weeks after you issue the claim.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi there Gordon. My offer was similar to yours. I accepted as part payment. But they had left it too late. I'll give you a quick summary off my track so far...

4th sept-prelim letter sent for £1796

18th lba sent. prelim ignored

28th offer of £1620

29th accepted as part payment

4th applied to MCOL

5th letter recived off MCOL saying HSBC got 14 days from 10th to respond

12th letter fro court saying HSBC going to defend, signed by DG solicitors

28th Letter from DG solicitors asking forsumary of charges in case hsbc decide to settle.

hope ths givs you an idea of time scale. every letter i have i what CAG members have said i would have.lol

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Thanks loads for the replies so far.

 

Still quite undecided but defo going to sleep on it for the rest of the weekend and decide at the start of the week what I'm going to do.

 

Any more comments in the meatime will be greatfully received and I'll let y'all know what I decide.

 

Thanks!

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Claim for the lot, but it is incumbent on you to accept an interim payment if offered. However, you are not obliged to accept anything if there are attached conditions.

 

Simply say that you will accept as part payment, but that you will pursue them for the balance.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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The thing is, their 14 days are up to pay in full.

 

I have decided just to go ahead and issue a summons on them now - remember I said if they'd not paid in full within 14 days I would take action WITHOUT FURTHER NOTICE.

 

Thanks so much for the replies etc. I'll let you know how things go.

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Hi Gordon,

 

I'm not in a position to advise, but I'm going for 100% of what I'm owed. They took my hard earned money and now I'm on a mission to get it back - I got into great financial hardship due to some of the costs I incurred from these guys. I'm still only in my mid 20's so hopefully I can repair the damage aleady done!

 

Go for it & good luck,.

 

LeeS80.

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Hi Gordon,

 

I'd wait the extra couple of weeks so you can have all your money back and your 8% interest.

I had an offer of approx 90% of what i was requesting. They didn't reply to either of my letters until after I'd moneyclaimed them. I had also given them an extra week to reply. They stated they intended to defend, and last week i got a letter offering the full amount. Thats just two weeks after their first offer.

 

Get them moneyclaimed!

 

libertie

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

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  • 1 month later...

Ok guys, an update!

 

I have been reading a few of the other threads and now find myself in a similar position:

 

I have heard from DG Sols and also have the confirmation through that they intend to defend the claim I submitted via MCOL.

 

I got a letter from them last week asking for full details of the claim (like HSBC haven't already provided them with this!) so sent all the info off again asking them for the full charges plus interest plus court fee.

 

Today I have received the allocation form and full info from my local court - but have to pay the additional £100 fee when I fill it in. I have a short while to get this info completed.

 

However, it would appear that reading through the threads, I will get another letter from DG Sols either offering partial (again) or full settlement. Obviously I am still going for the full amount.

 

My question is - it would appear that this will be resolved before my time is up to fill in the allocation form. Has anyone paid the £100 and filled it in then settled? Do you get the £100 back or should I hand on for a while longer and wait to hear from DG Sols before my deadline is up?

 

Thanks guys,

 

GTG. xx

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Hi GTG,

 

Hang on untill the last day set to file your AQ. I'd be very surprised if they had'nt settled by then, in fact its likely you'll hear from them any day now. If however you have'nt had a settlement by the AQ date, you'll have to submit it and pay the £100. Yes, the AQ fee is a recoverable cost, you will get it back if/when they settle.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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i agree - if you refused that offer last week - my money is on a full offer this week. this is what i did in exactly the same circumstances: wait until friday - if you haven't had another (100%) offer - call dg - asking for whoever sent the offer and say to them - i thought i would have heard from you by now - i'm getting a little anxious as the a.q. is due shortly and i'm sure you don't want to incur even more charges... and they said then and there that the offer was in the post - whether is really was or that prompted the mailing of it - regardless - it worked. so, wait til friday - and call (a.m. so you can be at it through the day if needs be).

nearly there.......

keep us posted - really, i can smell it.........money in your hand by next week!

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  • 1 month later...

Finally, last week it was won!!

 

Got the full amount through - just under £2,800.

 

Had to chase them loads for the money though, after I sent my acceptance back.

 

Have written to the court to tell them it's settled out of court now too.

 

Thanks LOADS to everyone on this site, and the site itself!

 

Perhaps a Moderator could move this thread to WON, now?? Thanks.

 

GTF. xx

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Congratulations! Thats excellent news!

[FONT=Comic Sans MS][SIZE=4][COLOR=magenta]C [COLOR=black]& [/COLOR][COLOR=blue]D :) [/COLOR][/COLOR][/SIZE][/FONT] [COLOR=black][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC[/B][COLOR=#000000]- Full settlement received & spent! £1,477.93 :-) [/COLOR][/COLOR][/FONT] [COLOR=mediumturquoise][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC claim 2![/B][/COLOR][COLOR=#000000] - Full settlement offer received 27/06 - £1,116 :) [/COLOR][/FONT] [FONT=Comic Sans MS][FONT=Comic Sans MS][COLOR=mediumturquoise][B]A&L[/B][/COLOR][COLOR=#000000] (for my Nan) - full settlement received on day of prelim hearing - approx £1500 :-)[/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Halifax[/B][/COLOR][COLOR=#000000] - (for a friend) - full settlement received 30/06 - £2576! :) [/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Barclays[/B][/COLOR][COLOR=#000000] - (for a friend) - Court forms were due to be submitted but he wants to wait for results of the court case with OFT[/COLOR][/FONT] [/FONT][/COLOR][/COLOR][FONT=Comic Sans MS][COLOR=#000000][B][COLOR=mediumturquoise]A&L[/COLOR][/B] - (for a friend) - court forms submitted - claim 'stayed' due to OFT case[/COLOR][/FONT]

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Oh, I get this message when I try to send a PM:

 

GordonTheGopher, you do not have permission to access this page. This could be due to one of several reasons:

  1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
  2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

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Theres still a few glitches in the system as a result of the huge hit the other night. Should be sorted soon. I'll see if I can get your thread moved for you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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not all that thin, siena - last sunday (21 jan) i pm'd 20 people with very recent results to pm blueskies and move their threads, to date 2 have.

there were 8 more i know of this last weekend - some are waiting until they see the money - but they have all have accepted offers. you'll be seeing more in this thread soon. but as we know - it is dragging out a bit just now. dg should hire in more staff.

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