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    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
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fro

Outstanding service charge - Court action threatened

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Hello All,

 

Today i received a letter from my local council leasehold team asking me to pay an outstanding amount within 2wks or face court action.

 

i received what seem like a bill for 2 years in March 2017

i started to query this and they told me it was what was outstanding from a previous year

- what year is this? 2015.

 

Before i got to this point it took 2 months and it felt almost like a cover up, eventually someone explained what had happened.

 

In 2015 i was sent a bill £ X, paid by 10 monthly instalments, but instead of applying my payments against the £X they applied it against £0 which meant at the end of the financial year i was in credit of £X

 

2016 next bill came - bill was less than previous years, i called the council and they told me i have been overpaying and this is why and i should reduce my future payments.

 

2017 they now want me to cough up for 2015/16 as well as 2017/18

 

My question is

they made a mistake on my account in March 2015 by not applying a debit to my account leaving it at £0, and September 2016 was the first time they wrote about outstanding charges be it they didn't admit any mistake.

 

Can they ask me to pay for something that was meant for 2015 in 2017 and also it has been 19 months after the mistake before they are ask for the payment.

 

Does this section 20B give me a leg to stand on? http://www.legislation.gov.uk/ukpga/1985/70/section/20B

I actually don't mind paying just don't want to be harassed about it.

 

Please if any bit is unclear let me know and i will try and be clearer

 

Regards

 

fro

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A debt can be re-claimed for 6 years.

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Wrong - you are referring to financial contracts this is not one of such this is a leasehold contract, and does not apply here, read link i put in the original post.

 

Are there any experts here that could shed more light on this?

 

Regards

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Looking at your link and based on your opening post, they informed you in writing within 18 months (March 2015 to September 2016) that these charges were owed. As per subsection 2 from your link, it appears that the legislation in the link does not apply in this case.

 

Whilst they may not have been overly clever or helpful by waiting several months before raising it as an official bill, by the same token, you could have questioned their letter back in September 2016 informing you of the extra charge. Apologises if you did contact them at the time, not clear from your opening post whether you did or not.

 

I am not an expert by the way, just my interpretation.


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Thanks Good Sister - my calculation between March 2015 to Sept 2016 gives me 18 months, i didn't question the notice until they gave me a breakdown in March 2017 to say i paid £0 in 2015.

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A debt can be re-claimed for 6 years.

 

With leasehold it may be 12 years BUT S20B can have effect effectively making it 18 months but it depends on various other factors.

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Wrong - you are referring to financial contracts this is not one of such this is a leasehold contract, and does not apply here, read link i put in the original post.

 

Are there any experts here that could shed more light on this?

 

Regards

 

The point of S20B is so that large bills are not sprung upon a LH.

 

So If I as a FH run up 2 years worth of debts and then send you a bill 2 years later, you would only be liable for anything incured in the last 6 months...if the whole of the debt is older than 18 months then nothing is payable.

 

BUT IF you were informed of the cost within the 18 month period than the debt would ultimately be payable upon demand (at this point the standard 6 years or more likely 12 years for leasehold) statutory limits would apply.

 

NOTE that the 'informed of costs' part has no specific format (unlike actual demands), back of fag packet would comply, also note that if your lease allows advance payments or advance partial installments S20B has no relevance.

 

So the question is, were you informed of any costs incurred during the 18 month period (but not necessarily demanded) or were any payments advance payments under the lease ?

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Thanks Andy,

 

The bill they failed to apply on their system was issued in March 2015 for £600 say finished paying this off in January 2016 in March 2016 i received a new bill say £300 which i finished paying off January 2017. In Sept 2016 i got a revised bill (this is common) saying the real cost is £800 so i was expecting that they would take out the £600 i had already paid and leave me with £200 in addition to new bill in March 2017(£900).

 

Instead my bill stay £800 + £900 = £1700 effectively

 

so to answer the question the revised bill or notification cam e in September 2016 to revise the bill for March 2015.

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To be honest I cant really follow this....and would need to see some sort of breakdown to see whats owned and when.

 

We need to know what your lease says about payments, does it give specific dates, etc, does it require advance payments.

 

What demands have you received ? (did they come with Service Charges - Summary of Rights attached ?)

 

Why do you call it a revised bill ?, it sounds to me that the first March was an interim or estimated advance and September was the balancing charge, unfortunately this may mean S20B has no effect.

 

In any event I suspect all the service charges may well be payable (assuming S20B doesnt apply), the only thing to worry about is if youve been hit with extra/late/admin costs ?

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To be honest I cant really follow this....and would need to see some sort of breakdown to see whats owned and when.

 

 

Why do you call it a revised bill ?, it sounds to me that the first March was an interim or estimated advance and September was the balancing charge, unfortunately this may mean S20B has no effect.

 

Yes it was an estimate advance

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Aha..then Im afraid S20B has no effect except I think for the balance amount, so if you pay £100 in advance, and final balance is £110 you would need to be informed of the extra £10 spent, if a demand is sent 18 months later then the £10 wouldnt be payable.

 

It looks as if you dont have any grounds to not pay unless you want to query the service charge for reasonableness, i,.e did it really cost £1000 to paint the outside, etc

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