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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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Hi all.

 

I have today received a Notice of Enforcement from Rossendales, it is relating to a council tax liability order from 2011.

 

I had made an arrangement with the local council to pay back monthly which was quite a low amount as I was on JSA. rather stupidly we never set up a direct debit and paid via online or payment card as and when we had the money by the due date.

 

Unfortunately after paying regularly for a couple of years we missed a few payments ( I thought the wife was paying it she thought I was!)

 

I called the council and tried to get the plan back on track and they would only accept a one off payment for the arrears £80 and then carry on the original plan at £20 per month.

 

To my absolute horror when I checked my notes from the call after receiving this notice today, the £80 payment was due on the 15th of September, I had it in my mind that that it was due 15th of October!

 

The enforcement notice is demanding full payment or agreement of a payment arrangement for £1466.20 no later than 23:59 on the 15th of October!

 

Does anyone know if these people will actually listen to my circumstances and agree a reasonable repayment plan as I cannot pay the full amount and in all honesty could not afford more than probably £30 - 40 per month

 

. I'm not going to go fully into figures but my monthly salary is just under £1200 my wife works part time and my Rent alone is £700pm (Due to rise soon) my current council tax £139pm without Gas and Electric etc etc plus also the monthly living costs of 3 of us Eating etc!

 

I know I'm not the only one with problems but any advice anyone can give me would be greatly appreciated

 

, I actually feel physically sick after opening the letter and after surfing around a bit and reading things like the Bailiffs will take your car!

 

I am very worried! (BTW the car was paid for by my mother in law as we were without one for 2 years, but it is in my wife's name and is probably only worth about £300) I am not completely naive regarding Baliffs and know not to let them in etc

 

Thanks in advance

 

Simon

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I am thinking of emailing them, does this seem acceptable?.........

 

Dear Sirs

 

I have received today a Notice of enforcement regarding a liability order for outstanding council tax owed to Uttlesford District Council.

I had agreed to reinstate a payment plan after missing a couple of payments to them and agreed a payment to them on the 15th of October however it transpires that it should of been the 15th of September and they have now passed the account to yourselves.

 

I cannot pay the outstanding balance of £1466.20 (which includes your Compliance stage fee) in full as I am on a very limited budget and will have to pay by monthly instalments. Please advise me of how I can set up a payment arrangement with yourselves. Do you provide an Income vs Outgoings document that I can complete to prove that any offer I make is reasonable? Please do not offer the opportunity for one of your officers attend my premises to discuss the matter as A) I cannot afford the existing balance let alone an added fee of £235 and B) I do understand the implications to myself once your agent has been ‘let in’ and I will not be willing to do so.

 

 

Please reply via this email address as soon as possible.

 

 

Yours faithfully

 

XXXXXXXXXXXXXXX

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It has been a VERY busy day today so if you are OK to wait until the morning (or maybe earlier) I will make some suggested changes.

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Thank you 'Bailiff Advice' that would be very much appreciated :) I am not disputing that I owe the money, I am just not prepared to be bullied into an agreement that I cannot afford.

My worst nightmare is they come and clamp the car as it would mean I couldn't get to work (without paying £30 per week in bus fare!)

 

I may not be able to reply until late tomorrow as I work 12 hours shifts starting at 4am tomorrow :(

 

Speak Soon

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Given its low value the car is not a problem.

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Hi Any progress on those suggested changes? :)

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Hi Any progress on those suggested changes? :)

 

Will post up late today.

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I am thinking of emailing them, does this seem acceptable?.........

 

Dear Sirs

 

I have received today a Notice of enforcement regarding a liability order for outstanding council tax owed to Uttlesford District Council.

I had agreed to reinstate a payment plan after missing a couple of payments to them and agreed a payment to them on the 15th of October however it transpires that it should of been the 15th of September and they have now passed the account to yourselves.

 

I cannot pay the outstanding balance of £1466.20 (which includes your Compliance stage fee) in full as I am on a very limited budget and will have to pay by monthly instalments. Please advise me of how I can set up a payment arrangement with yourselves. Do you provide an Income vs Outgoings document that I can complete to prove that any offer I make is reasonable? Please do not offer the opportunity for one of your officers attend my premises to discuss the matter as A) I cannot afford the existing balance let alone an added fee of £235 and B) I do understand the implications to myself once your agent has been ‘let in’ and I will not be willing to do so.

 

 

Please reply via this email address as soon as possible.

 

 

Yours faithfully

 

XXXXXXXXXXXXXXX

 

 

It would help if you provide a bit more detail. The following draft letter could assist (change as necessary).

 

 

 

 

Dear Sirs

 

Re: Reference number: xxx

 

I am writing with regards to a Notice of Enforcement that I received from your company on 2nd October in relation to arrears of council tax from 2011 owed to Uttlesford Council.

 

Background:

 

Following the Liability Order in 2011, I contacted the council and explained that I was out of work and in receipt of Job Seekers Allowance. The council agreed to accept small monthly payments of £20 per month towards the debt. After paying regularly for the past couple of years we unfortunately defaulted. I contacted the council in xxx and they agreed to reinstate the previous payment arrangement (of £20 per month) on condition that I pay the amount of arrears (of £80) by 15th September. I genuinely believed in my mind that payment of this amount was due on 15th October (instead of 15th September) and I was shocked to discover the error when reading back on my notes of the conversation after receiving the Notice of Enforcement from your company requesting the full balance of £1,466.20.

 

Financial position:

 

I am married and have one child aged xx. The property that we live in is rented. I work full time and my monthly take home salary is just under £1,200 per month. My wife works part and her take home salary is £xxx. In addition we receive monthly child benefit of £x.

 

The vast majority of our income goes towards our monthly rent of £700 and our council tax of £136 per month. The balance only just meets the everyday costs of electricity/gas/food/clothing and motoring costs.

 

Taking our income and expenditure into consideration, the maximum that we can afford to pay towards our arrears is £30 per month. I am unable to borrow any money from family or friend to reduce the debt. The goods in our property are normal everyday items worth very little the vast majority of which are considered exempt under the new regulations. We have a very old motor vehicle which is valued at approx £300 and which is vital to me for my employment.

 

I would be grateful if consideration can be given to accepting the above payment proposal. If you have any queries please do not hesitate to contact me.

 

Yours faithfully.

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Hi

Thanks so much for that. do you think this will be ok to email, or should it be sent in the post recorded delivery?

 

Obviously I'm thinking the email route would be quicker and I'll know where we stand

 

Once again thanks for your advice

 

Simon

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Hi

Do you think this will be ok to email, or should it be sent in the post recorded delivery?

 

Obviously I'm thinking the email route would be quicker and I'll know where we stand

 

Once again thanks for your advice

 

Simon

 

Both

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Email sent! Fingers crossed

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Hi

 

I have today recieved a reply via email it is as follows:-

 

Thank you for your email,

We note the reply email address potentially belongs to a third party and as such we are unable to discuss the case via a third party without a signed letter of authority from the named liable party.

Please provide the necessary letter of authority in order for us to assist or ask the named liable party to contact us on 0844 701 3980 to discuss the matter further.

A letter has been posted out to the named.

Yours Sincerely,

........ Not sure how they can determine that the email is a third party or not! It's not b.t.w it is my own personal email address.

In other words I'm guessing they are trying to get me to phone so they can bully me in person :(, Do you think I should call?

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Only ever call if you can record the conversation.


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Hi all

 

Update.........

 

After a bit of backward and forward of emails I was eventually emailed a financial statement paperwork and all action was held until today 21st October.

I filled out and emailed everything yesterday and asked them to confirm that all was well (which they didn't) I have today had a reply which includes the following .......

 

We regret that your offer of repayment is not acceptable, due to your contribution to non-priority spending and disposable income available.

 

Council Tax is a priority debt which takes preference over ALL non essential spending and unsecured creditors. Your financial statement lists the following non priority spending: £50.00 per month for TV/Phone/Broadband, £50.00 per month for Clothing.

 

Therefore the minimum amount we must request is £100.00 every 31 days.

 

Your first payment is due by 31st October 2014.

 

How can it be non essential to allow for clothing for a family of three in a monthly budget ? ( I have a 12 year old who unfortunately is growing at a rate of Knotts) and I got that figure from National debtlines monthly suggested living expenses! and regarding the Phone/ TV/ broadband - I'm in a contract?! and I was including all mobiles in that figure as well!

 

I don't know what to do I certainly don't have £100 per month spare!

 

Any advice would be greatly appreciated

 

Thanks

 

Simon

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The letter confirms that they will accept a payment proposal which is at least a step in the right direction and you now have until 31st October to make the first payment. You need to ensure that you use this time to email Rossendales to outline that the figures for the phone charges cannot be reduced due to the contracts and that the figure of £50 per month for clothing is not only correct but is within the guideline figures as provided by National Debtline.

 

All creditors rely upon 'trigger figures' which are updated yearly. Naturally I have copies and I can assure you that the figure given by you are perfectly acceptable.

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Thank you

 

I will draft an email in response and if you don't mind could I ask you to pass an eye over it?

 

I am also considering ringing my council and asking them if they will recall the debt as the Bailiffs are being unreasonable? if I get no joy maybe ask them to provide me with the details of my local councillor as a last resort and maybe bug him for advice ?

 

As I've said before I'm not disputing the debt and am currently paying my current council tax on time every month, I just messed up (still kicking myself) but now have the stress of the wolves at the door. My wife is currently on tablets from the GP for stress and anxiety, so I am trying to do this as peacefully as possible!

 

Will be in touch soon

 

Thanks

 

Simon

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Hi Sipea71

 

I would second BA's advice that those clothing/telecoms costs appear perfectly reasonable in this context. Rossendales appear to be implying that you should budget for £0 across these two areas, which is nonsensical.

 

I would advise you to make payment of the amount you deem affordable by the above deadline, whether Rossendales have formally accepted it or not by then. Paying by a more "impersonal" method, such as via their website, might be best as it avoids you getting sucked into further debates about what is or isn't acceptable expenditure.

 

Dennis

@natdebtline


For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Would I be right in saying in the email that the figures stated in my financial statement fall well within trigger figures suggested by the Common Financial Statement that helps identify that levels of monthly expenditure are deemed reasonable ?

 

Or am I trying to understand something that I don't? lol!

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Thanks Dennis just seen your post

 

would be very difficult to pay on-line with no broadband ;)

Seriously though thanks for the advice I'll compose my email and post it up before it's sent

 

Thanks

 

Simon

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Could be the cynic in me but another reason why this could be is that it may then give them an excuse to send someone out so the cost to you is increased. We have seen a few such things of late.


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I had that thought in the back of my mind as well, I will mention it in my email that I want to avoid any such action that will increase in the debt!

 

I have drafted this email, let me know what you think please.

I am about to go out for about an hour so will be unable to reply to any comments.

 

Thanks

 

Simon

 

 

Thank you for your email.

 

 

I do not understand why you consider my offer unacceptable due to the payments.

 

 

The figures stated in my financial statement fall well within ‘trigger figures’ suggested by the Common Financial Statement that helps identify that levels of monthly expenditure are deemed reasonable.

 

 

If this is not the case, could you please explain to me why Rossendales would consider £50 per month not a reasonable allowance for two adults and one 12 year old child for clothing on a monthly basis.

 

 

I would also like to inform you that the figure for Telecoms included the entire allowance for the whole family, which includes mobile phones as well, all of which I am contractually obliged to pay for the next 14 months at least and are not an expenditure I can just stop paying. The figures for the phone charges cannot be reduced due to the contracts.

 

 

Can you actually confirm to me that Rossendales are implying that I should budget for £0 across these two areas?

 

 

With this in mind however I am willing to try and budget elsewhere, and would like to revise my original offer of £30 per month to £50.

 

 

I am aware that Rossendales next stage of action is to send a Bailiff to my address and am also aware of the additional cost involved if they do, and would like to avoid any further action as I cannot allow the debt to increase. I have stated previously I am unable to borrow any money from family or friends to reduce the debt. The goods in our property are normal everyday items worth very little the vast majority of which are considered exempt under the new regulations.

 

 

I would be grateful if you would give my revised offer your consideration.

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Sorry....an extremely busy day today indeed !!! Your email looks very good but there are a couple of small points which I will correct later today.

 

PS: Increasing the monthly payment proposal to £50 from the previous figure of £30 should certainly help.

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Thanks BA

 

I will hold off sending until you've clarified the points.

Thank you so much for your advice it is very much appreciated.

 

Look forward to hearing from you

 

Simon

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Hi

 

Any progress with the corrections ?

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Hi All

 

I have drafted this email, let me know what you think please.

I am about to go out for about an hour so will be unable to reply to any comments.

 

Thanks

 

Simon

 

 

Thank you for your email.

 

 

I do not understand why you consider my offer unacceptable due to the payments.

 

 

The figures stated in my financial statement fall well within ‘trigger figures’ suggested by the Common Financial Statement that helps identify that levels of monthly expenditure are deemed reasonable.

 

 

If this is not the case, could you please explain to me why Rossendales would consider £50 per month not a reasonable allowance for two adults and one 12 year old child for clothing on a monthly basis.

 

 

I would also like to inform you that the figure for Telecoms included the entire allowance for the whole family, which includes mobile phones as well, all of which I am contractually obliged to pay for the next 14 months at least and are not an expenditure I can just stop paying. The figures for the phone charges cannot be reduced due to the contracts.

 

 

Can you actually confirm to me that Rossendales are implying that I should budget for £0 across these two areas?

 

 

With this in mind however I am willing to try and budget elsewhere, and would like to revise my original offer of £30 per month to £50.

 

 

I am aware that Rossendales next stage of action is to send a Bailiff to my address and am also aware of the additional cost involved if they do, and would like to avoid any further action as I cannot allow the debt to increase. I have stated previously I am unable to borrow any money from family or friends to reduce the debt. The goods in our property are normal everyday items worth very little the vast majority of which are considered exempt under the new regulations.

 

 

I would be grateful if you would give my revised offer your consideration.

 

I am responding to your email dated xxx where you have rejected my proposal to repay the balance of xxxx by way of monthly payments of £30 and I note that you would be prepared instead to accept a figure of £100 per month. In your email you questioned the amount of £xxx for telephone/mobiles.

 

Unfortunately, much as I would like to reduce this monthly figure this would not be possible given that the mobile phones are provided under contracts with 14 months still remaining.

 

The second item of expenditure that you questioned was the figure of £50 per month for clothing. Before writing to you I had contacted National Debt Line and the figure for clothing (of £50 per month) was within their Common Financial Statement for a family of two adults and a 12 year old child.

 

I am anxious to avoid the account being referred to an individual bailiff as this will add further fees to my account which will make my financial position even worse than it is at present. I am also anxious to get the account paid as soon as possible. With this in mind, I will have to reduce the expenditure for clothing by £20 thereby enabling me to increase the monthly payment proposal to £50 per month. I hope that you will find this revised payment proposal acceptable.

 

I look forward to hearing from you as soon as possible.

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