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    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
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Now going to court!


Andy B
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Hi everyone,

 

I started my case with the BOS a month ago and to be honest they have been pretty quick in getting back to me so far with all of my charge details etc.

 

I recieved a letter a few days ago with the usual blurb of sorry your not happy, this is how our charges work and we feel justified etc. but we are prepared to offer you £146 back as a gesture of good will.

 

I am claiming just under £2500 in excess o/d and returned cheque charges and am about to move onto the next step. I presume that I need to accept the offer of £146 on the basis that I am still persueing the balance by letter but not fill in their nice form that states full and final settlement??

 

Any advice?

 

Andy

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Guest BlueRuby
I am claiming just under £2500 in excess o/d and returned cheque charges and am about to move onto the next step. I presume that I need to accept the offer of £146 on the basis that I am still persueing the balance by letter but not fill in their nice form that states full and final settlement??

 

:D Yes, aren't they generous :D You don't exactly need to accept their offer but you might as well! They will of course withdraw the offer as soon as they get your reply!

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Guest BlueRuby
Can they do that? I thought that once an offer had been made they couldn't withdraw it?

 

Oh yes, 'fraid so :cool: They will say it was made on the basis that it was in full and final settlement - which of course it isn't, is it? ;)

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  • 1 month later...

Hi folks,

 

I have been through the process so far and had to offers from the BOS, the last one after my LBA. The first on was for about £140 after the prelim letter and the new one after my LBA is just over £450.

 

Question? Should I now start the legal process now or send another letter, am a bit nervous, don't want to lose the current offer.

 

I havn't opened a parachute account yet either but do have a joint account with my other half.

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Guest BlueRuby

Make it absolutely clear that you are accepting the £450 as a part payment only. They will quite likely withdraw the offer but don't worry. You'll get it eventually! and more! Also, is your joint account with the same bank? If so I would definitely open a parachute acc. :)

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  • 2 months later...

I am Claiming £2600 in unfair charges, I've had 2 offers of goodwill, initially £146 and then £460 after LBA. both of which I have accepted as "part settlement" whilst continueing to pursue the full amount.

 

The last letter that I recieved stated that The Bank of Scotland would not be refunding my charges and I had refused the above 2 amounts.

 

I am now ready to start the legal process but am unsure as to wether to claim for everything at once and I also seem to remember seeing something about only being able to claim for 5 years charges in Scotland, is this the case as up until now I have been asking for 6 years to be refunded?

 

Any advice?

 

Cheers

 

Andy

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Hi Andy, I have merged your threads to make it easier to see all that has happened so far.

 

I have a few questions for you.

 

Have you actually received any money?

Are you in Scotland?

Where did you send your preliminary letter and LBA?

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