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    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
    • I have got a copy of the charge. The Land Registry responded to say that the document attached to the RX1 was as follows. The A4 document headed 'Health and Social Services and Social Security Adjudications Act 1983 and National Health Service and Community Care Act 1990' is a statutory charge. However as the person concerned (your late father) was one of joint proprietors of the property, the charge could not be registered or noted. Instead it was protected by registration of a restriction.   This is a statutory charge that has arisen under section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   Unfortunately the Land Registry blog was discontinued on 30 June 2020 [I only found out today!] they're waiting for a new platform which could take a few weeks - so I haven't been able to obtain any other advice, other than what I found in the Hardwick and co website today which stated that S22 of HASSA had been repealed and stated that    After 1 April 2015 a Local Authority will only be able to recover unpaid care home fees by securing a judgment debt either in the County Court or the High Court (s69(1) of the Act). and The Act increases the time limit for the recovery of a debt comprising of unpaid care home fees from three years to six years from the date the sum becomes due   hence I thought that as the fees had not been paid and more than 3 years had elapsed that perhaps the charge was no longer extant?    If the restriction is such that the CS only has to notify the council [and there's no restriction on me selling] then I thought the sale could proceed while I continue to battle it out with the council. Who haven't been in touch now since 2016.   This is all very complicated - I'm sure it could be simplified!!   Thank you      
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Dan2326

Future comms - joseph Stickler

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I was called by this shambolic excuse of a company promising this and that ( 12gb data, unlimited calls, unlimited texts, the best deals a broad and a new phone every 12 months plus paying off my end of term contract and discounting me £22 on the 18th of every month. 

Liam stickler emails you confirming your deposit of £22 on the 18th of every month plus a link to 02 priority to check your account. (Link doesn’t work) also he says leave a good review on trust pilot.. - don’t think so! 

So, no payment (£22) from jan and feb and prob no payment on 18th march, after numerous calls to Martin, Megan, Sarah and Fayre and a couple colleges of theres, they just palm you off.. and say they’ll call you back. 

Fayre says she’ll get my end of contract bill sorted with two weeks of joining (£452.30) no reply no returned email. Another lady says 90-180 days , Megan says she’ll personally call me back and personally go to the manager.. no reply.. Sarah says she’ll call another party of there’s and ring me straight back.. no call, no email. Martin says he’ll chase the (£22) up and call me back.. after saying there’s been an issue with the system.

I’ve emailed the complaints department twice now and no reply. 

First email was over two weeks ago.. the next one states if I here nothing from them with a solution in the next 10 working days I’ll be contacting the small claims court. They have breached there part of the contract. 

Iv contacted 02 business and they are going to call them Monday with me on the other line.. so we’ll see what they say

Hopefully they will get closed down and pay out what they owe!

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Thread title amended please do not use liablious words.

 

Thread moved to the appropriate forum.

 

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If you have a look through this sub- forum, you will find several other stories about future comms. They are all pretty familiar. They also reflect very much what you will see on trust pilot and also on the Facebook group.

It certainly a good move to phone O2 about this. I can imagine that O2 want a quiet life and if they start getting hassle then they may cause difficulty for future comms. I'm sure Future comms would rather that you didn't call O2. Unfortunately though at the end of the day it properly has nothing to do with O2 and so for instance if you decided to cancel your contract with O2 you probably be opening the door to a huge amount of trouble because they will simply go into debt collection mode, smash up your credit file, start writing threatening letters to you, make sure that you lose your telephone number et cetera.

I'm afraid that your battle is going to be with Future comms.

You're quite right to say that they have breach their part of the contract. And as you have already been trying to deal with them on this and they have ignored you, then I do agree that the next thing to do is to send them a letter of claim.

The pre-action protocol requires that you give them 14 days notice and so I suggest that you write to them and tell them that if you do not have all the money they owe you within 14 days then you will issue a small claim against them in the County Court and without any further notice.

Only send this letter if you really intend to take the action. Don't bluff. Don't accept any more excuses. You have lost control of the problem and the only way to get it back is to issue a firm letter with a firm deadline and not be swayed from carrying out your threat under any circumstances. That means that if Future comms contact you and say well we need an extra couple of days we will pay you next week – simply issue the claim. On the basis that you win – which is better than 95% certain, you will be awarded the value of your claim, +8% interest, plus your court fee. So it's really no skin off your nose to issue the claim.

If your claim is less than £600 then when you receive your judgement you will be able to enforce it using the county court bailiff. This is okay but not hugely satisfactory. If your claim is for more than £600 then you will be able to use something called the High Court enforcement process. High Court enforcement officers have teeth and your judgement will be enforced vigourously. However, I understand that at the moment they only owe you about £500 and you would trouble have to wait at least two or three more months before it will go up to £600.

It's up to you if you want to wait

If you look at the other Future comms posts on this forum, you will see that I have suggested something which I am calling a "recurring letter of claim". This is on the basis that this is the regular behaviour of Future comms in respect of you and in respect of hundreds of other of their customers.

I'm suggesting that when you write your letter of claim you make it clear that if they do not paid within 14 days you will issue a court claim and that if they failed to keep any further payment date by a single day then you will issue a claim in respect of that missed payment as well and without any further notice. If you are prepared to send a recurring letter of claim then that means that you will never have to start complying with the pre-action protocol again and you will always be in a position to issue your court claim on the day after the expiry of the payment date.

I'm afraid that this is the kind of pressure which Future comms seems to need. Once again, do not make these threats unless you are prepared to carry them out. If you are going to regain control then you need to show Future comms that you are not prepared to monkey around any more.


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