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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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Moneybarn - Return of Goods Order Suspended By Consent Order


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you don't need to tax/mot/ins if its off road and sorn'd and that's free.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

 please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement.

 

 

I would at the least keep the insurance running...wouldnt want it to be stolen or damaged ?

We could do with some help from you.

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If you want advice on your Topic please PM me a link to your thread

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Yes SORN offroad, and keep insurance especially if its paid up for rest of  year.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Yes ive sorn'd the vehicle it is stored in a secure area. Thanks.

 

The insurance is one part of the area that puzzles me,

 

MB inform me in their correspondence  (what I interpret anyway) I no longer have an interest in the vehicle therefore surely im not obliged to pay 65.00 per month insurance for their benefit

- (just wanting to know if im legally required or obligated to insure,

im not saying im cancelling insurance,

 

I feel its a grey area when im informed on numerous occasions the agreement is terminated so would like to understand my obligation, or if any still remains).

 

 

 

 

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there is no legal remit that MB can use from their behalf, to make you insure the car.

 

there is some vague wording I expect stating you should look after their asset I expect.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Well now we all seem to be getting slight normality back in our lives (although a long way to still to go) I feel its time to finish what I started with MB and tackle the first hurdle!!

Complaint Time!

Would a complaint have to be sent to MB initially?

I am finishing compiling my detailed list and if someone has some spare time I will upload the list as I feel im gonna need some assistance in actually compliling this detailed complaint, im sure DX will have some valid useful notes already 😁

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Oh dear I am having issues, not sure of the best opening paragraph to start off my letter of complaint. Its harer than I thought it would be 🤔

 

There are so many issues that need addressing, however I dont know if I should be summarising the issues im raising with directions to the relevant points; i.e Comms log page number, CCA, Documentation received (Letters etc), or going for full indept complaint.

 

Any direction appreciated.

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just list the various categories the complaint encompasses

don't go into specifics, keep them guessing..

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Ive amended my draft complaint again and again dont want it to be an essay, as suggested, im keeping them guessing as much as possible.

 

It has dawned on me I dont think I ever asked this question, as this does throw a big spanner at MB.

 

The agreement started 17/11/16 for 60 mths, but only payable over 59 mths. The end date stated 17/12/2021.

 

MB informed me the consent order payment date of 16th of every month was to keep in line with the agreement payment dates!!

 

So am I correct in assuming the actual first payment date was 17/1/17 then a further 58 payments are required to take it to end payment date 17/11/2021.

 

In effect month 1 is deferred (17/12/16) although they dont actually tell you that but the figures and dates on the paperwork infer that to be the case. Otherwise the agreement would be over paid by one month if 60 payments were made.

 

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not important.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, 

 

I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.

 

I will keep to what I already know and stop over thinking further issues. 😁

 

 

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a dn can be issued even on one default payment.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Update, advice please; 

 

Im receiving messages from Burlington

(I believe are part of Marstons) (Emails, text messages, phone calls)

They are asking me to urgently contact them regarding Moneybarn and to do so within 24hrs

 

Not sure if I should email them back or what would anyone suggest? 

 

Thanks

Edited by Foolishly
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they are simply powerless repo guys with a car transporter.

they have zero legal powers.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok thanks,  I wont bother replying.

 

Should I leave the car on the roadside to be collected, post keys off and amend the V5, or hangfire until everything is resolved one way or another?

 

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don't put it on the road 

it's not insured, taxed, mot'd

and still in your name.

 

actually re reading the thread....you don't want the car and it's one less thing to worry about.

 

if you wish contact burlingtons and arrange they collect it?

 

gets the court order out of your hair too.

then its just arguing with MB to do a VT 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as said MB makeup their own rules

 

IMHO MB were wrong to refuse VT in 1st place

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 weeks later...

and?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Good evening, 

 

Sorry I have not been active online for numerous weeks unfortunately I have been seriously ill not fully recovered, but well enough now to continue on with my fight against MB. 

 

Will update my thread in full tomorrow along with  my prepared letter 😁

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No need for a long winded complaint 

Simply base it on MB breaches of

FCA Prin6 and 7

 

https://www.fca.org.uk/publication/final-notices/moneybarn-limited-2020.pdf

 

You can flesh it out later at the FOS

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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blimey hello TOR..:yo:

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Evening dx, certainly been a while 

 

Reading the SAR , the OP needs to relate the email from MB dated8/3/17 to the four serious findings in the FCA report in the link above and base their initial complaint on that .(PRIN 6 and 7)

Having told MB that the OP was away from their house at the time of DN issue, I can't see a DN argument bearing much fruit

  • Like 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 weeks later...

No the info on comms log isn't quite right,

 

I hadn't worked since Xmas due to bereavement but I wasn't staying in Somerset since the Xmas.

The comms log is very deceitful indeed and after I had finished evaluating it fully I came to the conclusion MB are very manipulative, they lie, cheat and twist the truth, but it only takes the slightest slip up and everything crumbles.

 

You see in order for MB to have taken any further steps they have to be entitled to take them.

So when they lie and try to deceive the truth prevails 😊, so to send a copy of a Default Sums Notice dated 15/1/17 that doesn't exist on the log anywhere and Ive never had the original and then fail to include one in the SAR that is listed on the log as generated on 18/1/17 (not had this one either)  doesn't the consequence of that 1 act prevent them from any further action until the notices are served 

 

86 (e) Notice of default sums

(5)If the creditor or owner fails to give the debtor or hirer the notice under this section within the period mentioned in subsection (2), he shall not be entitled to enforce the agreement until the notice is given to the debtor or hirer.

 

 

 

But I am reducing the complaint and sticking to basics

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Morning 

I am sorry for this unacceptable delay on my behalf, I never thought a simple complaint letter would cause me so much stress along with anger towards this company 🙄

I only have this weekend to get things rolling.

 

I should be back at hospital Monday (as long as they don't cancel on me again) and won't be upto much for a while from then on 🤔

 

So please bare with me,

I need to condense my letter as it's totally long winded and off in points, I'm taking the advice given for prin 6 and 7, but was also considering prin 9, 

 

Trust is also a major part for me here: 

yes I did trust they had my interests and I totally relied on their advice and judgement, which I now know was all given with their own interest in mind not mine and for their own benefit and gains, no to assist me in any way. 

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