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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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hate to say it but I might have lost someone their job

 

cut me up at a give way

 

further down road he cut someone up so badly at a give way that they had to move out of his way

shame he was in a marked work van

 

mailed the company just asked if their drivers could be more considerate mentioned it was on camera. They asked to see video then said they knew driver and would deal with him

 

then today got this

 

It has been bought to my attention a video you have taken of me driving my work van last week.looks like you have gone out of your way and taken up your time to e-mail my place of work! what you didnt realise is that there was enough distance for me to pass first under the bridge and that the driver coming towards me actually sped up on purpose towards me to make it difficult to pass!

 

Do realise going out of your way to e-mail companys your tell tail dash cam videos can lose people there jobs !!!!

 

Would you like to forward me your address so i can call round to see you and discuss my driving style with YOU PERSONALLY !!!!!!

 

If not for some strange reason we have 2 mutual friends on facebook im sure they will help me and let me know of your address so i can call round to SEE YOU!!!

 

think someone got in trouble

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I would show that to your local plod. That message is full of suggestive meanings. Implying violence?

 

How did he get your details from the company? That should be confidential.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I would also notify the company as well

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Also have a word with the Information Commissioners Office as pointed out how did they get confidential details from the company.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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I've forwarded it back to the boss

 

to be fair I plan to just ignore him if he plans to come round the entire house is ringed with cctv

 

as for getting details im guessing name was from email

the email he sent me was from the same email address I emailed to but a differnt reply thread to the boss one

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I've lost 2 people their jobs when I caught them fly tipping in my local area. It was a sign written charity van. The local paper picked up on it, as well as a BBC show about the environment. They both lost their jobs. Be careful to leave out any personal information during these complaints.

 

There is also another one I caught recently of a Royal Mail van going right though a red light. I wound down my window when he pulled over to inform him of the fact, and he stuck his fingers up at me...

 

Video here:

 

https://www.youtube.com/watch?v=T_rNWiwuHFQ

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Since had another similar email so made video public

 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Personally I don't think that was that bad. There was enough room for both to go past.

 

Edit: Didn't see the give way sign on my phone! Yep this guy is an idiot.

 

I'd suggest to go to the police if you get any more threats.

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It has now been bought to my attention that you have made a video puplic on youtube with my company logo on it without my permission, this matter has now been put into the hands of my company solicitor who has informed me this is defamation of company brand,ive left it in his hands and trust me you can not hide behind a keyboard! that is now two people you have upset in the space of 24 hours theres a storm coming!!

 

sigh.. another bar room lawyer

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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It has now been bought to my attention that you have made a video puplic on youtube with my company logo on it without my permission, this matter has now been put into the hands of my company solicitor who has informed me this is defamation of company brand,ive left it in his hands and trust me you can not hide behind a keyboard! that is now two people you have upset in the space of 24 hours theres a storm coming!!

 

sigh.. another bar room lawyer

 

As I said before, he probably is the boss.

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Wow! If anything, he is defaming his own company by driving around like a edited

Video was taken in the public domain, so no issues there.

 

Submit it to a couple of the bad driving compilation channels on YouTube such as Dash Cam UK, Dash Cam Network, and WelshDrive.

Edited by Conniff
remove profanity.
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Wow! If anything, he is defaming his own company by driving around like a edited

Video was taken in the public domain, so no issues there.

 

Submit it to a couple of the bad driving compilation channels on YouTube such as Dash Cam UK, Dash Cam Network, and WelshDrive.

 

i have to admit it's tempting

 

on mobile for a bit but will sort keywords so it shows in Google searches

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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...defamation of company brand...
thats funny.

re a company; truth is, company driver failed to give way to oncoming traffic. and whomever, has sent poss 'abusive'/threatening emails. whether the boss, or a vicarious employee. and, even if not deemed true, they wld need to show 'serious financial loss' as a result.

as conniff suggests, maybe was (one of) the bosses.

whomever, the nature of his emails may no doubt add to the reflection of the nature of his driving?

:)

IMO

:-):rant:

 

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It has now been bought to my attention that you have made a video puplic on youtube with my company logo on it without my permission, this matter has now been put into the hands of my company solicitor who has informed me this is defamation of company brand,ive left it in his hands and trust me you can not hide behind a keyboard! that is now two people you have upset in the space of 24 hours theres a storm coming!!

 

sigh.. another bar room lawyer

 

Is it really possible to argue that you can't post, in public, a video of something that happened in public? Weird times.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Last email was that the both of them were coming to get me ohh

 

forwarding it to local cops. as well as local news paper to see if they want to do a bit on local business behaviour

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Another day another email. not even replying now just leaving it to local police

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Improper use of postal and electronic communications

 

Improper use of public electronic communications network - Communications Act 2003, section 127

 

The Communications Act 2003 section 127, see Stones 8.30110B, covers the sending of improper messages. Section 127(1)(a) relates to a message etc that is grossly offensive or of an indecent, obscene or menacing character and should be used for indecent phone calls and emails. Section 127(2) targets false messages and persistent misuse intended to cause annoyance, inconvenience or needless anxiety; it includes somebody who persistently makes silent phone calls (usually covered with only one information because the gravamen is one of persistently telephoning rendering separate charges for each call unnecessary).

If a message sent is grossly offensive, indecent, obscene, menacing or false it is irrelevant whether it was received. The offence is one of sending, so it is committed when the sending takes place. The test for "grossly offensive" was stated by the House of Lords in DPP v Collins [2006] 1 WLR 2223 to be whether the message would cause gross offence to those to whom it relates (in that case ethnic minorities), who need not be the recipients. The case also said that it is justifiable under ECHR Art 10(2) to prosecute somebody who has used the public telecommunications system to leave racist messages.

A person guilty of an offence under section 127 CA 2003 shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine or to both. This offence is part of the fixed penalty scheme.

It is more appropriate to charge bomb hoaxes under section 51 of the Criminal Law Act 1977. See Chambers v DPP [2012] EWHC 2157 (Admin) , and Public Order Offences, elsewhere in the Legal Guidance.

Section 127 can be used as an alternative offence to such crimes for example as hate crime (including race, religion, disability, homophobic, sexual orientation, and transphobic crime), hacking offences, cyber bullying, cyber stalking, amongst others.

 

 

 

 

 

from http://www.cps.gov.uk/legal/a_to_c/communications_offences/

 

 

Think this may be helpful

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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pcso coming for a statement some point in next few days.

 

not had chance to change keywords yet

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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sorry laptops in repair so didn't manage to post earlier

 

police had a word and abuse now stopped

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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