Jump to content


  • Tweets

  • Posts

    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 835 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I was in-between houses so I put my stuff in self-storage, then I lost my job. I have another job now, but I have arrears with the self-storage company. They keep slapping on approx. £25 every couple of weeks in late payment fess.

They wont allow me to take my stuff out and come to some arrangement, they have changed the locks and my bill just gets higher and higher and whilst I can’t get my stuff out every week I get charged another week for storage

I feel trapped in a vicious circle my bill just escalates and they rub their hands together when my stuff stays in storage for another week.

Help


We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Share this post


Link to post
Share on other sites

I am sure that this behaviour is unlawful.

 

What is the name of the company please and where they based.

 

First of all, they are only entitled to levy charges which represent administrative losses. Clearly this can't be the case because not only are they leading the charges presumably they are requiring you to pay for the increased storage charges as well.

 

Secondly, if they have a problem with your account then it is up to them to take some debt collection action such as seeing you in the Small Claims Court. I think that withholding your property in this way amounts to conversion which is contrary to the Torts (Interference with Goods) Act.

 

Thirdly, they have a duty to mitigate their loss and therefore detaining your goods and charging you for the detention as well as the late payment fees is deliberately increasing their loss and your level of liability.

 

What is the value of your goods in storage?

 

It seems to me that the only way forward here is to sue them for conversion which would require that they release the goods and also pay you compensation - although there will be some set off in terms of the money that you owe for the storage. However, I can't imagine that they would be allowed to claim the charges or the storage fees which have been caused by their detention of your goods


Share this post


Link to post
Share on other sites

I've had a further thought about this. We need to see the T&Cs to see if there is a right to keep your property subject to payment. Such a term might be unfair if it merely increases the debt and interest payable. But we need to know


Share this post


Link to post
Share on other sites
I've had a further thought about this. We need to see the T&Cs to see if there is a right to keep your property subject to payment. Such a term might be unfair if it merely increases the debt and interest payable. But we need to know

 

It does say they can do this but more worrying it goes on to say they can sell my goods if I dont cough up the arrears. I find this extemeely worrying.


We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Share this post


Link to post
Share on other sites

How can I fix this??????????

 

They state 'In order to remove your items from storage the complete outstanding balance will need to be paid in full to allow access.'

 

They are also repetively quote me signing a contract I have tried to reason with them all they do is quote T&C's and ignore the content of my letters.

 

help


We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Share this post


Link to post
Share on other sites

They are refusing to budge. I pay up or they sell my goods. No release of goods and then payment or any kind of arrangement.

 

Has anyone body else had to deal with self storage companies refusing to cooperate.


We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

Share this post


Link to post
Share on other sites

You were asked a few days ago to provide the t&c's in full. We cant help you much if you wont provide the relevant info.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...