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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Claimform on service charges. *SUCCESS* - now at it again!!


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Hi Andy, just recieved the notice of proposed allocation to the small claims track, so I've got to complete Directions Questionaire and file it with the court office. I assume file it means just to return the Questionaire ?

 

Guess they think I have a case, guess what just recieved another service charge in the post with no Summary of Terms attached again!

Caren

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Yes..Directions is standard form to fill in, make sure you say you want it transfered to your nearest court, as a LiP you can have it at your nearest court and they have to travel (if they live somewhere else), where is their solicitor based ?

 

Youll prob get a Mediation offer too, always best to accept ghis, if it goes ahead its just a conference call with mediator guy to try and resolve issue.

 

Is the new Service Charge demand the same as the old one ?, or is it a new bill ?, always remember that failure to attach Summary doesnt mean it wont be payable but means you can withold untill its sent with summary attached.

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Hi Andy and Dx

 

The latest on the claim,

 

I just recieved a notice of discontinuance of the claim today.

I guess the freeholders backed down,

 

What happens now if they sent that to the court

does that mean I can't ask them for any costs for defending

because I still want do give something to consumer forum.

Is that it with all that stress they put on me, etc.

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Hey there you got

 

I said long ago we love nailing fleecers trying it on

 

now I hope you understand why we were so persistent in the first place.

 

don't think you can get wasted costs in small claims?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Great news. Made me feel all warm and tingly :).

 

Let me investigate and have a re-read of the CPR RE: Costs, this is where a Summary Judgement application would of been great, could of got it struck out and got extra costs, but there was always a risk with that method.

 

There is still the issue of the S20C though, not sure what happens to this now, perhaps you need to remind the court.

 

S20C's are important because in theory in some cases like this where the Freeholder has lost, he can try and still recoup the costs via the service charge IF the leases allows (don't think yours does).

 

Overall great news :)

 

See here > http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.2 for stuff on Discontinuing.

 

Normally you could claim costs incurred up to the point of Discontinuance BUT not when its allocated to small track, did you actually get a letter saying it had been allocated ? (I know you had letter proposing it), it might be worth asking for costs, it cant hurt to ask..Ill find proper form.

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I think you could argue that as it hadn't been allocated to small track yet and that 'normal' costs rules apply. here is form > http://wbus.westlaw.co.uk/forms/pdf/cpf09002.pdf

 

You could put down maybe 3-4 hours research and 1-2 hours filling in forms/correspondence at the Litigant in Person Rate of £18 per hour.

 

This post deals with this very scenario > http://www.consumeractiongroup.co.uk/forum/showthread.php?247247-Small-Claims-Track-Discontinuance-advice-needed

 

What does it say on the Discontinuance notice, could you post it up (removing details) ?

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  • 4 years later...

Hi

this might sound trite but I have been referred to a solicitor for a demand of my service charge for £171.00.  

The demand is on a 14 day old invoice send to me for service charges on 10th April, 2019"  

The freeholders are a  big financial property and lettings company and I am a leaseholder of 10 years.  

I am not behind on any debts.

 

they have demand via a solicitor and added £40.00 charge.

For payment I said I would pay at the end of the month.  

There was no Rights and Obligations sent with it therefore it could not be demanded.  

The solicitor, said I had to pay and I received her letter after I had paid.

 

to be honest, they have no reason to be chasing me,  

I have said to the solicitor that she is acting wrongly and this was intimidation and she should Be reported to the law society for acting on this matter in such circumstances.  She has responded with that she has requested a copy of my lease and will be writing to me shortly about my obligations under the lease.   

 

I havent done anything wrong.  

I am getting fed up with their bullying,  

 

 Is there anything I can do

i.e. Write to the financial ombudsman about their conduct towards me.

 It feels unfair that they are allowed to do this and not hale any recourse.

 

thank you for any responses 

 

 

 

 

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  • dx100uk changed the title to solicitor demand for my service charge debt of £171.00.

Hi Caren

 

How do you normally pay this service charge ? When do they normally invoice you ?

 

Regards

 

Andy

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Hi, Andy.  I normally pay via direct debit when I get paid at the end of a month.

 

its quarterly,  it's sent via email, so there is evidence of receipt for 10th April,

 

caren 

 

 

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And so your 4 days late and you have always paid this way and they have never instructed a Solicitor before ?

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 The National Consumer Service

 

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Hi, Andy.  

 

I was 14 or so days after receipt of the invoice via email. Solicitors letter received on same day,  ,Should companies allow 30 days anyway?

received invoice for service charge 10th April

Paid 26th April

solicitors letter received 26th April after paid.

I'm told by solicitor I am now going to be issued with another letter and are going to review my lease and write to me according to solicitor

dont owe them any past debts

No Rights and Obligations thing sent with the invoice which I understand makes it illegal for them to demand the costs. Mentioned it to their solicitor in email.  No response back to me.

 

 

 

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Its due for payment on the date stated in your lease.....and whatever it states on the invoice by date..not sure were you get 30 days from ? If its the same date every quarter can you not set up a DD or SO so its paid within the stated timeframe ?

 

received invoice for service charge 10th April Paid 26th April  So thats 16 days after reciept

 

As for their £40 Solicitor charge ignore them...but in future get it paid on time dont give them opportunity.

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 The National Consumer Service

 

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Thanks Andy

I got 30 days from gov website about timeframe to pay an invoice.

 

They asked me via email when I was going to pay I said end of the month.

 

That was accepted by the credit controller!

 

thanks for advice, but that said, most of us don't have funds in our accounts until pay day esp, when they send it mid month so it wasn't intentional.

 

as it's quarterly I never know when I'm going to receive it, they never give a next billing date.

 

thanks for your advice.  

 

Ps I think you've been on here for many years haven't you!   

 

 

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is this the same lot that tried it on before with you?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi.   Yes it's the same people!   I just think they still want their retribution from before,  I'm not even a serial debtor!  Just a occasional mishapper,

 

big 🤗🤗 to Andydd

 

Caren

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  • dx100uk changed the title to Claimform on service charges. *SUCCESS* - now at it again!!

ok ive merged the thread and updated the title

you'd think if they'd had their finger burned in court once , they'd take the hint this is not allowed.

 

p'haps andydd will comment..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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8 hours ago, Caren said:

 

I got 30 days from gov website about timeframe to pay an invoice.

 

 

 

 

 

From this site?

 

https://www.gov.uk/invoicing-and-taking-payment-from-customers/payment-obligations

 

It is referring to business-to-business invoices, although the page isn't very clear about that, and is summarising the Late Payment of Commercial Debts (interest) Act 1998 and subsequent amendments. So it wouldn't apply in your case as you are not a business.

 

In any case, as the gov.uk page says, 30 days is only the default if the invoice doesn't state some other payment date.

Just now, Ethel Street said:

 

 

Edited by Ethel Street
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they have to follow a particular set of rules and part of those rules will be in your lease so waht does it say about payment of costs if you are late paying your ground rent or service charges

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  • 1 month later...

You mention they didnt include the service charges - rights form as per here > https://www.lease-advice.org/advice-guide/summaries-rights-obligations-service-charges-england/ if so..then nothing is payable, also be aware if they try it on and ask for admin charges this requires a seperate and different form....assuming the lease allows such charges..most dont

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